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Hutbori3eb b\> law. 


1 A. COMPILATION 

07 THE 

LAWS OF ILLINOIS, 

RELATING TO 

Township Organization 

AND 

MANAGEMENT OF COUNTY AFFAIRS 

WITH 

Numerous Forms, and Notes of Instruction. 


SUPPORTED BY ADJUDICATED CASES, OPINIONS OF THE ATTORNEY GENERAL, 
AND RULINGS OF THE AUDITOR OF PUBLIC ACCOUNTS. 

NEW EDITION, ENLARGED AND COMPLETELY REVISED TO DATE. PRINTED FROM 
ENTIRELY NEW TYPE, WITH A CAREFULLY 
PREPARED INDEX. 


BY ELIJAH M. HAINES, 

COUNSELOR AT LAW. 

Compiler of Township Organization Laws of Wisconsin, Michigan, Missouri and Minnesota 
and Author of Haines’ City and Village Laws, and Haines’ Treatise for 
Justices of the Peace, Haines’ Legal Blank Forms, etc. 


-TWENTY-SEVENTH EDITION REVISED 

> 

i >», 

CHICAGO: >>[ , 

THE LEGAL ADVISER PUBLISHING COMPANY 

106 North La Salle Street 

1915 





Entered according to act of Congress, in the year 1855, by 

ELIJAH M. HAINES . ... 

in the clerk’s office of the District Court for the Northern District of Illinois. 


Entered according to act of Congress, in the year 1879, by 
ELIJAH M. HAINES 

in the office of the Librarian of Congress, at Washington, D. C. 


Entered according to act of Congress, in the year 1883, by 
ELIJAH M. HAINES 

in the office of the Librarian of. Congress, at Washington, D. C. 


Entered according to act of Congress, in the year 1885, by 
ELIJAH M. HAINES 

in the office of the Librarian of Congress, at Washington, D. C. 


Entered according to act of Congress, in the year 1892, by 
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in 


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APR 17 1915 y 

©CU397613'L/ 














TABLE OF CONTENTS 


Preface to Twenty-seventh (1915) edition. 30 

Preface to First edition... 31 

DIVISION I. 

TOWNSHIP ORGANIZATION ACT. 33-126 

Article I. How Township Organization adopted. 33- 39 

Article II. How discontinued . 40- 41 

Article III. Of the alteration of boundaries, and division of 

towns and town property. 42- 53 

Article IV. Corporate powers of towns, and the exercise 

thereof—What may be done at town meetings 

—By-laws, rules and regulations. 54- 69 

Article V. Legal proceedings in favor of and against a 

town . 69- 71 

Article VI. Town Meeting—Judges of election. 71- 76 

Article VII. Town officers elected by ballot—Mode of con¬ 
ducting elections for town officers. 77- 84 

Article VIII. The mode of conducting town meetings for 

the transaction of miscellaneous business. 85- 90 

Article IX. Qualifications and tenure of office. 90- 94 

Article X. Vacancies in town offices and the manner of 

filling them . 95- 98 

Article XL The Supervisor and his duties. 98-105 

Article XII. The Town Clerk and his duties.105-106 

Article XIII. The Board of Town Auditors.107-110 

Article XIV. Town and County Boards of Health.111-112 

Article XV. Compensation of Town Officers.113-114 

Refunding surplus funds.115-116 

Cities organized as towns.116-117 

Purchase or lease of town halls. 117 

Town halls in towns co-extensive with cities. .118-120 

Canada Thistles .120-125 

Publication of Annual Statements.125-126 

DIVISION II. 

ROADS AND BRIDGES..127-215 

Article I. Definitions . 127 

Article II. State Highway Department.127-131 


23 





























24 


TABLE OF CONTENTS. 


Article III. 
Article IV. 
Article V. 


Article VI. 


Article VII. 

Article VIII. 
Article IX. 

Article X. 


County Superintendents of Highways. 131-132 

State Aid . 133-144 


Bridges and improvements constructed and re¬ 
paired by a county at the joint expense of a 
county and any town or road district therein.. 144-146 
Town and district organization and adminis¬ 
tration for highway purposes.147-148 

Subdivision II. Highway Officers: Their elec¬ 
tion, powers duties and compensation.... 148-158 
Subdivision III. The raising of revenue for 
highway purposes and the application 

thereof .158-161 

Subdivision IV. Provisions specially applic¬ 
able to bridges and improvements con¬ 
structed or repaired at the joint expense 

of two adjoining towns or districts.162-164 

Subdivision V. The letting of contracts.164-165 

Subdivision VI. Laying out, altering, vacat¬ 
ing, widening roads.165-176 

Subdivision VII. Repair and maintenance of 

roads and bridges. 176 

Subdivision VIII. Gravel, rock and macadam 

—Hard roads .177-185 

Certain provisions applicable generally to 

highway officials .185-188 

Law of the road—offenses and penalties.188-194 

Optional—single highway commissioner sys¬ 
tem .195-198 

Act construed—statutes repealed.198-200 

Construction of bridge piers.200-201 

Exempting certain bridges from taxation. 201 

Motor vehicle law.202-215 


DIVISION III. 

DRAINS AND DITCHES. 216-362 

Farm drainage .216-217 

Rights of drainage.217-222 

Combined drainage . 223-239 

Special assessment . 239-244 

Appeal to county court. 245-250 

General duties of commissioners. 251-261 

Special drainage districts. 261-279 

River districts .279-280 

Districts by user. 280 

District by mutual agreement. 280-281 






























TABLE OF CONTENTS. 


25 


Repealing section .281-282 

Drains constructed by license.282-284 

Districts may issue bonds.284-286 

Abatement of assessments.286-287 

County ditches and drains.288-292 

Dissolution of drainage districts.292-293 

Protection, maintenance and repairs of drains and ditches.. .293-294 

For agricultural and sanitary purposes.294-295 

Pumping plants—construction, maintenance and operation... 295-298 

Certain districts authorized to acquire, maintain and operate 
dredge boats for the construction and preservation of 

drains, ditches and levees. 298-299 

Payment of assessments in drainage districts.299-302 

Money to be refunded.302-303 

To legalize drainage districts and assessment of benefits.303-305 

Levees ... 306 

Drains, ditches and levees for agricultural, sanitary and min¬ 
ing purposes .306-354 

Adjoining drainage districts—connection.355-360 

Adjoining drainage districts—joint works.360-362 

DIVISION IV. 

FENCES .363-390 

Hedge fences .379-381 

Fencing railroads .382-390 

DIVISION V. 

PAUPERS .391-406 

Support of the poor.391-403 

Residence for purpose of voting. 403 

Separate support—poor house.403-404 

Tuition of pauper children. 404-405 

Children on poor farms.405-406 

DIVISION VI. 

TOWNSHIP INSURANCE COMPANIES.406-415 

Admission of territory. 414 

Consolidation of township insurance companies. 415 

DIVISION VII. 

ANIMALS .416-428 

Dog and sheep Act. 416-419 

In. relation to domestic animals.420-421 

Estrays . 421-422 

































26 


TABLE OF CONTENTS. 


Diseases among swine. 423 

Dogs . 424 

Animals and birds Ferae Naturae . 424 

Bounty for killing crows, etc.425-426 

Bounty for killing ground hogs.427-428 

DIVISION VIII. 

REVENUE .429-596 

Property liable for taxation.429-430 

Property exempt from taxation.430-433 

Rules for valuing personal property.433-434 

Rules for valuing real estate. 435 

Personal property, when listed. 435 

Who shall list and what listed.435-436 

When listed and assessed, and what held to be personal prop¬ 
erty—manner of listing.437-442 

Form of schedule.442-444 

Rules for listing credits.444-445 

Rules for listing stock of mutual building, loan and home¬ 
stead associations .445-446 

Rules for listing the property and business of banks, bankers, 

brokers and stock jobbers.:.446-447 

Pawn-broker . 447 

Listing capital stock of corporations and franchises of 

persons .447-449 

State and national banks.449-451 

Manner of listing and valuing the property of railroads.451-455 

Telegraph companies—return .455-456 

Penalty . 456 

Perjury . 457 

Real property as of what time listed—who liable for tax.457-458 

Subdividing . 458 

How listed as between counties. 459 

How listed as between towns. 459 

Making and delivery of assessment books and blanks.459-460 

Appointment of assessors and deputy assessors. 461 

Oath and duties of assessors—assessment of real and personal 

property.461-464 

Review of assessment by town board in counties under town¬ 
ship organization .464-465 

Return of assessor to county clerk.465-467 

Pay of assessors and deputy assessors. 467 

Duties of clerk on return of assessment books...467-468 

Equalization of assessments by county board.468-470 

Report of assessment by the clerk to the auditor, for equal¬ 
ization .470-471 








































TABLE OF CONTENTS. 27 


State board of equalization. 471-477 

Rates of taxation. 477 

For State purposes.477-478 

For county purposes.’. 478 

Towns, cities, etc. 479 

Collector’s books extending rates.479-482 

Qualification of town and district collectors.482-484 

Delivery of collector’s books—warrants.484-485 

Collection district and who collector in counties not under 

township organization . 485 

Vacancies and resignations.485-486 

Collectors .486-489 

Manner in which taxes are to be collected.490-495 

Sworn statements of collections to be made—payments.495-496 

Return of town and district collectors to the county collector.496-498 

Return of delinquent special assessment. 499 

County collector’s receipts—powers.499-500 

Advertisement for judgment and sale. 500-505 

Judgment .506-509 

Sale of delinquent lands..509-513 

Certified copy of sale lists to be sent to auditor.513-514 

Redemption ..514-517 

Tax deeds .517-521 

Forfeited property .521-524 

Final settlement of county collector. 524-526 

Partial settlement of county collector.526-527 

Final settlement of the county collector for State taxes.527-529 

Liens of taxes.529-531 

Who not eligible as bondsman. 531 

Liability on bonds. 531 

Suits against collectors.531-533 

Sale of real estate on execution in behalf of the state—re¬ 
demption .533-534 

Double payment and assessment—refunding.534-535 

When records are destroyed. 535 

Other duties of auditor.535-538 

Omitted property—saving clauses.538-539 

Who may administer oaths. 539 

Penalties of officers.539-541 

County to furnish books and blanks. 541 

County funds—manner of keeping account thereof.541-542 

Definitions .542-543 

Repealing clause .. • • ^44 

For the assessment of property and providing the means 

therefor .544-569 












































28 


TABLE OF CONTENTS. 


Concerning the levy and extension of taxes.569-574 

Agricultural and other statistics.575-576 

Assessment and taxation of bridges across navigable waters 

on the borders of this state. 576-577 

For State purposes.577-578 

Validating acts of county board heretofore done in determin¬ 
ing amount of taxes to be raised for county purposes... .578-579* 

Gifts, legacies and inheritances.579-599 

To provide for casual deficits or failures in revenues.595-596 

Fund for University of Illinois. 596 

DIVISION IX. 

ELECTIONS .597-695 

Electors of president and vice president of the United States.597-598 

Time of holding elections for certain officers.599-603 

Election precincts .603-605 

Judges and clerks.605-609 

Oath of judges and clerks of election.609-610 

Ballot boxes and poll books. 610 

Constables appointed to attend elections—order.610-611 

Notice of election. 611* 

Conducting elections—returns .612-618 

Qualification of voters.618-621 

Canvassing votes—certificate of election.621-626 

Offenses and penalties.626-631 

Contesting elections .631-637 

Resignations and vacancies.637-640 

Registration of electors.640-647 

Congressional apportionment .647-649 

Senatorial and congressional apportionment.649-657 

To regulate the manner of holding elections.657-681 

Questions of public policy. 681 

Dispensing with individual tally marks in counting “Straight 

Tickets” ....682-683 

Women may vote for school officers. 684 

Women may vote for presidential electors and certain other 

officers, etc. 685 

Anti-saloon territory .686-695 


DIVISION X. 

COUNTIES .:.696-772 

Boundaries and jurisdiction. 696 

Alteration of county lines.696-698 

New counties .698-702 

Of the powers and duties of counties and county boards.702-712 







































TABLE OF CONTENTS. 


29 


Provisions specially applicable to the board of county com¬ 
missioners in counties not under township organization. .712-713 
Provisions specially applicable to the board of supervisors in 


counties under township organization.713-716 

Special provisions applicable to the board of county commis¬ 
sioners of Cook County.716-729 

Appointment of physician, etc., for county.729-733 

Uniting counties . 733-741 

Bounty debt . 742-743 

Removal of obstructions from water courses. 743 

Removal of county seats.743-751 

County court defined. 751 

Sites for county buildings.751-753 

Boards of health in counties.753-754 

Enabling county boards to issue bonds for purpose of paying 

outstanding indebtedness .755-757 

Legalizing county bonds voted for county buildings. 757 

Burial of indigent or friendless Union soldiers or marines, etc. 757-758 
May erect monuments or memorial buildings in honor of the 

soldiers and sailors.758-759 

Classification of counties.759-760 

Relief of the blind.760-762 

County boards—employment of stenographers. 762 1 

County boards—funds for fair exhibits.762-763 

County auditor in certain counties.763-764 

County boards—funds for farmers’ institutes. 764 

Court houses—lease of space. 765 

Appropriations for soil and crop improvement associations... 765-766 

County clerks .766-768 

County treasurers . 769-772 


General Notes . 773 

Appendix .... . 786 

Parliamentary Law . 786 

Index . 795 































PREFACE TO TWENTY-SEVENTH (1915) EDITION. 

The publishers herewith present this their revised Twenty- 
seventh Edition of Haines’ Township Laws of the State of 
Illinois, embodying all the laws and amendatory Acts in force 
to date. 

The most important changes in the laws since the 1910 
edition of this work was published is the revised and amended 
Road and Bridge Law passed by the 1913 Session of the Legis¬ 
lature. The most significant are: a State Highway Department; 
State Aid to counties for building and improving highways; the 
appointment of County Superintendents of Highways; a Town 
and District Organization for Highway purposes; and an 
Optional Single Highway Commissioner System. 

Other important new laws and amendments are found in 
“Drainage,” “Elections,” “Revenue,” and “Counties.” 

The new Table of Contents, beginning on preceding page, 
will be found to be a great aid in finding the subjects desired 
under their proper heads and is an improvement on the one in 
previous editions. 

Chicago, March, 1915. 


The Publishers. 


PREFACE TO FIRST EDITION. 


Previous to going to press with this work the compiler ad¬ 
dressed circulars to supervisors and town clerks in the several 
towns in the State, asking their co-operation in its circulation, 
and for certain information within their reach in regard to their 
respective towns. The answers, in consequence of delay in the 
mails, in many instances were not received until after going to 
press. The compiler would, however, avail himself of this op¬ 
portunity of acknowledging his gratitude to all such as have 
responded to his requirements, as well as for the kind feeling 
expressed upon their part, and encouragement extended in be¬ 
half of the work. It is acknowledged by all that a work of this 
kind has long been desired, not only to secure uniformity of 
action, but to guide the inexperienced under the peculiarities 
of the Township system; and the compiler claims no higher re¬ 
ward for his labor than that of having them duly appreciated by 
a practical portion of the public to whom the work is now com¬ 
mended. Elijah M. Haines. 

May, 1855. 









• • 












* 











LAWS OF ILLINOIS 

1 

-RELATING TO- 

Township Organization 

-AND- 

Management of County Affairs 


DIVISION I 

TOWNSHIP ORGANIZATION ACT 


AN ACT to revise the law in relation to township organization. [Approved 
and in force March 4th, 1874. Revised Stat., Chap. 139.] 


ARTICLE I. 

HOW TOWNSHIP ORGANIZATION ADOPTED. 

1. At general election. 

2. Petition. 

3. Returns. 

4. When township government to commence—Majority vote defined. 

5. Commissioners appointed. 

6. Division of county into towns. 

7. Naming of towns. 

8. Report of commissioners. 

9. Abstract of report sent to auditor—Record. 

10. Where names are alike. 

11. Auditor’s record of names, etc. 

12. First town election. 

13. Notices of first town election. 

14. Conducting election. 

15. Justices and constables. 

16. Repealed. 

17. Refusal to organize—Second election. 

18. Continued refusal. 

19. Failure to qualify. 

20. When part of county not organized. 

1. At general election.] § 1. Be it enacted by the People 

of the State of Illinois represented in the General Assembly: 
That at any general election that may be holden in the several 

33 




34 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


counties in this State, the qualified voters in any county may vote 
for or against township organization in such county. 1 [Laws 
1861, p. 216, § 1. 

2. Petition.] § 2. The county board, on petition of fifty 
or more legal voters of said county, shall cause to be submitted 
to the voters of the county the question of township organization 
under this Act, by ballot, to be written or printed, or partly writ¬ 
ten and partly printed, “For township organization” or “Against 
township organization,” to be canvassed and returned in like 
manner as votes for county officers. 2 [Laws 1861, p. 216, § 2. 

3. Returns.] § 3. The county clerk shall enter an abstract 
of the returns of said election, to be made out and certified as in 


(1) The Constitution concerning township organization, Art. 10, provides: 

§ 5. The General Assembly shall provide, by general law, for township organ¬ 
ization, under which any county may organize whenever a majority of the legal voters 
of such county, voting at any general election, shall so determine, and whenever 
any county shall adopt township organization, so much of this Constitution as pro¬ 
vides for the management of fiscal concerns of the said county by the board of 
county commissioners may be dispensed with, and the affairs of said county may be 
transacted in such manner as the General Assembly may provide. And in any county 
that shall have adopted township organization, the question of continuing the same 
may be submitted to a vote of the electors of such county at a general election, in 
the manner that now is or may be provided by law; and if a majority of all the 
votes cast upon that question shall be against township organization, then such 
organization shall cease in said county; and all laws in force in relation to counties 
not having township organization, shall immediately take effect and be in force 
in such county. No two townships shall have the same name, and the day of holding 
the annual township meeting shall be uniform throughout the State. 

§ 6. At the first election of county judges under this Constitution, there shall 
be elected in each of the counties in this State, not under township organization, three 
officers, who shall be styled '‘the board of county commissioners,” who shall hold 
sessions for the transaction of county business as shall be provided by law. One of 
said commissioners shall hold his office for one year, one for two years, and one for 
three years, to be determined by lot; and every year thereafter one such officer shall 
be elected in each of said counties for the term of three years. 

§ 7. The county affairs of Cook county shall be managed by a board of com¬ 
missioners of fifteen persons, ten of whom shall be elected from the city of Chicago, 
and five from towns outside of said city, in such manner as may be provided by law. 

The power to hold elections for adoption of township organization flows from 
the action of the county board. It is not vested in the clerk or other officer; their 
acts, unauthorized, would confer no power to hold an election; but when the body 
has acted who possess the power, and the officer acting under their requirements give 
the notice, then the authority of the law has been invoked and properly put into 
action. The statute does not require the order of the county board, submitting the 
question of township organization to a vote of the people, to be spread on the record. 
If this is neglected, the subsequent action of the county board to that effect suffi¬ 
ciently proves the making of such order. The neglect of the clerk to enter the order 
should not have the effect to defeat the will of the people. People ex rel. v. Garner, 
47 Ill. R., 247. 

(2) Form of Petition to County Board for Township Organisation. 

To the honorable the county board of the county of -, State of Illinois: 

The undersigned, legal voters of said county of -, would respect¬ 

fully represent, that in their opinion the people of said county desire to 
adopt township organization; they do therefore petition your honorable 
board to cause to be submitted to the voters of said county, at the next 
general election, to be held on the first Tuesday after the first Monday in 
November next, the question of township organization, that they may vote 
upon the adoption thereof. 

And your petitioners will ever pray. 

Dated this-day of-, A. D. 19—. 







Art I.] HOW TOWNSHIP ORGANIZATION ADOPTED. 


35 


elections for county officers, record the same at length upon the 
records of the county, and shall certify the same to the auditor 
of public accounts. [Laws 1861, p. 216, § 3. 

4. When township government commences—Majority vote 
defined.] § 4. If it shall appear by the returns of said election 
that a majority of the legal voters of said county are for town¬ 
ship organization, then, the county so voting in favor of its 
adoption shall be governed by and subject to the provisions of 
this Act on and after the first Tuesday of April next succeeding; 
Provided, that a majority of the voters voting at such election 
shall be taken and deemed a majority of the voters of said 
county. 1 [Laws 1861, p. 216, § 4. 

5. Commissioners appointed.] § 5. The county board shall, 
at its next session, appoint three commissioners, residents of 
the county, to divide the county into towns. The commissioners 
so appointed shall be paid for their services by the county 2 
[Laws 1861, p. 216, § 5. 


(1) The right of a county to adopt township organization, under the provisions 
of our * Constitution, is expressly made to depend upon an affirmative vote of a 
majority of all the citizens within the county entitled to vote on the question. The 
legislature does not possess the power to provide any other mode of township organ¬ 
ization than as prescribed by the Constitution. The power of the county board over 
the affairs of the county, continues until the township organization is adopted by an 
affirmative vote of a majority of all the legal voters of a county. People v. Brown 
et al., 11 Ill. R., 478. This decision was made under the township act of 1849, which 
was substantially the same as this act on the subject in question, except that by this 
act it is provided that a majority of the voters voting at such election shall be taken 
and deemed a majority of the voters of said county; which is settling the question of 
evidence, by which to determine the majority of legal voters of the county at the 
time of taking the vote. See also People v. Warfield, 20 Ill. R., 159, 

A question arises as to the mode of ascertaining whether a majority of the 
voters of a county have cast their votes for township organization. The registry list 
of voters is no better evidence of the number of legal voters in a district or county 
than the poll-books. The vote cast is prima facie evidence of not only the result of 
the election, but also of the number of legal voters in the county. The registry lists 
do not rebut or overcome this presumption. Persons whose names are put upon the 
registry list, but who do not appear and vote at an election, are presumed to have 
left the election district, and therefore no longer legal voters therein. The People 
ex rel. v. Garner, 47 Ill. R., 247. 

The legislature has no power to Impose a general township organization upon the 
people of a county, in any other manner than that provided in the Constitution (see 
People v. Brown, 11 Ill. R., 478), which is by vote of the people. Yet it seems, in the 
absence of any prohibition, the legislature may provide for the incorporation of a 
town for municipal purposes six miles square in extent, as well as a village with less 
territory. Greeley et al. v. the People, 60, Ill. R., 19. 

(2) There is no appeal from the order of the county board in declaring township 
organization adopted, or in appointing commissioners to divide the county into towns. 
The law in regard to appeals from orders of that board does not apply to that case. 
Where the question of township organization was submitted and declared adopted, and 
commissioners appointed to divide the county into towns, but no action was had, and 
the matter was again submitted after the lapse of several years, and it was again 
declared in the affirmative, and commissioners, to divide the county into towns, were 
again appointed who performed their duties, and the county organized accordingly: 
Held, that the proceeding was valid. That if the last election was invalid the com¬ 
missioners would be regarded as being' appointed under the first vote, which would 
be regarded as still in force for that purpose, notwithstanding the lapse of time and 
the second submission. People ex rel. v. Garner, 47 Ill. R., 247. 





36 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


6. Division of county into towns.] § 6. The commissioners 
so appointed shall proceed to divide such county into towns, mak¬ 
ing them conform to the townships according to government sur¬ 
veys. Fractional townships may be attached to adjoining towns, 
where the number of the inhabitants or the amount of territory 
thereof shall not be sufficient for a separate town. Where a 
township shall have too few inhabitants for a separate organiza¬ 
tion, then such township may be added to some adjoining town, 
or divided between two or more towns, for the time being. And 
when a creek or river so divides a township that it is inconven¬ 
ient for transacting town business, then such creek or river may 
be made the town boundary, and the fractions so formed may be 
disposed of as other fractional townships. 1 [Laws 1861, p. 
217, §6. 

7. Naming of towns.] § 7. Towns shall be named in ac¬ 
cordance with the express wish of the inhabitants of the town, 
and if there shall not be a degree of unanimity as to the name, 
the commissioners may designate the name: Provided, that the 
county board shall have power to change the name of any town 
in their respective counties, upon a petition of a majority of the 
voters of said town: And, provided further, that no two towns 
in the State shall have the same name. [Laws 1861, p. 217, § 7 ; 
Laws 1859, p. 129, § 1. 

8. Report of commissioners.] § 8. The commissioners so 
appointed shall make a written report of their proceedings, giving 
the names and- bounds of each town, and present such report to 
the county clerk on or before the first day of March next suc¬ 
ceeding. 2 [Laws 1861, p. 217, §8. 


(1) In the division of a county into towns by the commissioners, it is the inten¬ 
tion of the law that it shall be made in accordance with the lines of the surveyed or 
government townships so that each government township shall be set off and erected 
as an organized town under this act, and it is the duty of the commissioners to divide 
the county accordingly; it would seem that they have not authority to divide it 
otherwise. The instances where they can depart from this rule are clearly expressed 
in the above section. The powers of the board of supervisors subsequently to create 
new towns and change town boundaries, are not thus restricted. See Art. Ill, 
§ 1, post. 

In dividing the county into towns the law has laid down a rule to be observed. 
If the commissioners depart from what is believed to be the intention of the law, 
and exceptions are taken to their report on return, the county board would perhaps 
have power to reject it, and recommit the matter for further action of the commis¬ 
sioners. If this is not done the report will be regarded as regular, and no question 
can thereafter be raised to defeat it in that regard. People ex rel. v. Garner, 47 Ill. 
R., 247. 

(2) Form of Report of Proceedings of Commissioners appointed to Divide 

County into Towns. 

To the honorable the county board of the county of-, State of Illinois. 

The undersigned, commissioners appointed by said board, at the Decem¬ 
ber term thereof, A. D. 19 —, to divide said county of - into towns, 

agreeably to the statute to provide for township organization, respectfully 








Art. I.] HOW TOWNSHIP ORGANIZATION ADOPTED. 


37 


9. Abstract of report sent to auditor—Record.] § 9. The 
county clerk shall, within thirty days after receiving such report 
of the commissioners, transmit by mail to the auditor of public 
accounts of this State, an abstract of such report, giving the 
bounds of each town and the name designated, and said clerk 
shall record, in a book kept for that purpose, the report of said 
commissioners. [Laws 1861, p. 217, § 10 

10. Where names are alike.] § 10. If the auditor of public 
accounts, on comparing the abstracts of the reports from the 
several counties, shall find that any two or more towns are named 
alike, he shall so inform the clerk of the county which last 
adopted such name, and the county board of such county shall, 
at its next meeting thereafter, adopt for such town some different 
name; and when such name shall be adopted, the county clerk 
shall inform the auditor of public accounts, as before directed. 
[Laws 1861, p. 217, § 11. 

11. Auditor’s record of names, etc.] §11. The auditor of 
public accounts shall keep a record of the names and bounda¬ 
ries of the several towns [Laws 1861, p. 218, § 12. 

12. First town election.] § 12. The county board shall, at 
least twenty days before the first Tuesday in April next after the 
adoption of township organization, designate some central and 
convenient place in each town for the holding of the first town 
election, and shall also appoint three suitable electors of the 
town as judges of said elections. 

13. Notice of first town election.] § 13. The county clerk 
shall thereupon make out notices, stating the time (which shall 
be the first Tuesday of April thereafter) and place for holding 
the first town election, and the names of the judges of election 
so appointed, and deliver such notices to the sheriff of the 
county, who shall cause the same to be posted in not less than 

report that they have performed the duty assigned to them, and have di¬ 
vided said county into towns, and given names thereto as follows to-wit: 

All that territory known and described by government survey as town¬ 
ship number —, of range number —, is erected into a town to be called the 
town of-. 

All that territory known and described, etc., [continue by describing 
each town as aforesaid.] 

All of which is respectfully submitted. 

A. B.,1 

C. D., Commissioners. 

E. F„ J 

Towns, although duly described and named by the commissioners, would not 
attain to the full power of such corporations until a completion of their organization 
by the election of town officers. Wells v. Burbank, 17 N. Hamp. R., 393. 

The supreme court will take judicial notice of the fact that a county has adopted 
township organization. County of Rock Island v. State, 31 Ill. R., 543. 





38 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


three of the most public places of the town, and not less than 
fifteen days before the time of the holding of such election. 1 [Laws 
1861, p. 217, § 9. 

14. Conducting election.] § 14. The first town election shall 
be conducted in the. same manner as other town elections. 

15. Justice and constables.] § 15. The justices of the 
peace, and constables residing in any town organized pursuant to 
this Act, shall continue to hold their office for the time for which 
they were elected, and shall be considered as justices of the peace 
and constables of such town; but if the number of justices of the 
peace and constables allowed by law shall not reside in any such new 
town, the electors thereof may, at the first town election, elect a 
sufficient number of justices and constables, who shall hold their 
offices until the next election at which justices of the peace and con¬ 
stables may be elected, as provided by law, and until their successors 
are elected and qualified. 

16. Repealed.] See laws 1913, p. 581; “Roads and 
Bridges,” § 169, post. 

17. Refusal to organize—Second election.] § 17. If any 

town shall refuse or neglect to organize and elect town officers, the 
county board of the county may order another election for that pur¬ 
pose, and state the time and place of holding the same, notice of such 
election to be given as required for the first election. [Laws 1861, 
p. 219, § 2. 

18. Continued refusal.] § 18. If the town shall not then or¬ 
ganize and elect officers, the board may, at any regular or special 
meeting, appoint the necessary officers for such town, and the per¬ 
sons so appointed shall hold their offices until the next annual town 
meeting, and until their successors are elected or appointed and 
qualified. [Laws 1861, p. 219, § 2. 


(1) Form of Notice by County Clerk for First Town Election . 

TOWN ELECTION NOTICE. 

Public notice is hereby given that the first town election under township 

organization for the town of-, in the county of-, and State of Illinois, 

will be held in said town on Tuesday, the-day of April, A. D. 19—, being 

the first Tuesday in said month, at [give the place designated for holding the 
election of [give title of the several offices to be filled], which election will be 
opened at the hour of 7 A. M. and continue open until the hour of 5 P. M. 
that day. The names of the judges of election are [give their names.] 

Dated at.this.day of., A. D. 19.... 

*.., Town Clerk. 









Art. I.] HOW TOWNSHIP ORGANIZATION ADOPTED. 


39 


19. Failure to qualify.] § 19. If the persons so appointed 
shall fail to qualify, as required by law, or if at any time after the 
organization of the town, the electors thereof refuse to elect or ap¬ 
point officers, or to exercise the powers required by law, the county 
board may annex such town to an adjoining town, and the town so 
annexed shall thereafter constitute a part of the town to which it is 
annexed. [Laws 1861, p. 219, § 3. 

20. When part of county not organized.] § 20. When, in 
any county under township organization, there is any territory co¬ 
extensive with the limits of a city or village, situated therein, and 
which is not included within any organized town, such territory shall 
constitute a town by the name of such city or village, and all pro¬ 
visions of this Act shall apply to the town so constituted, the same 
as if it had been organized in the manner provided in this Act in the 
case of the organization of new towns. [As amended by Act ap¬ 
proved May 25, 1911. In force July 1, 1911. Laws 1911, p. 538. 



40 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


ARTICLE II. 

HOW DISCONTINUED. 


21. Petition—Election. 

22. Result of election. 

23. Election of county commissioners. 

24. When commissioners assume duties, etc. 

25. Disposition of town records, business, property, etc. 

21. Petition—Election.] § 1. Upon the petition of at least 
one-fifth of the legal voters of any county having adopted township 

• organization, to be ascertained by the vote cast at the last preceding 
presidential election, the county board shall cause to be submitted to 
the voters of such county, at the next general election, the question 
of the continuance of township organization, to be voted on by bal¬ 
lots, written or printed, or partly written and partly printed, “For 
the continuance of township organization,” or “Against the con¬ 
tinuance of township organizationnotice to be given, and the votes 
to be canvassed and returns made in like manner as in this Act pro¬ 
vided in reference to a vote on the adoption of township organiza¬ 
tion. 1 [Laws 1861, p. 265, § 4. 

22. Result of election.] § 2. If it shall appear, by the re¬ 
turns of said election, that a majority of the votes cast on that 
question, at said election, are against the continuance of township 
organization, then such organization shall cease in said county, as 
soon as a county board is elected and qualified; and all laws relating 
to counties not under township organization, shall be applicable to 
such county, the same as if township organization had never been 
adopted in it. [Laws 1861, p. 265, § 5. 

23. Election of County Commissioners.] § 3. When town¬ 
ship organization shall cease in any county, as provided in this Act, 
a special election shall be held in such county on the first Monday 
of January next following, for three county commissioners, one of 
whom shall hold his office until the next general election of county 


(i) 

unless 


1) The legislature has no authority to repeal the law for township organization 
is it adopts the same course and provides the same guaranties to protect the 
rights of all. required by the Constitution to he observed in the adoption of the town 
ship system. People v. Couchman, 15 Ill. R., 142. 


The question of discontinuing township organization can only be submitted to 
a vote of the electors of such county at a general election. The annual town meeting 
is not a general election within the meaning of § 5 Art. 10 of the Constitution 
Opinion Attorney-General Edsall, March 6, 1873. 








Art. II ] 


HOW DISCONTINUED. 


41 


commissioners, one until a year from the next general election, and 
the other until two years after the next general election, to be deter¬ 
mined by lot, and until their successors are elected and qualified; 
and at every yearfy general election after such special election, .one 
such officer shall be elected. [Laws 1861, p. 266, § 6. 

24. When commissioners assume duties, etc.] § 4. The 
county board elected at the special election, as provided in the next 
preceding section, shall assume the duties of their office on the first 
Monday of February next after their election, and shall be the legal 
successors of the county board of such county, and sh.all have all the 
rights and emoluments, and be subject to all the liabilities as pro¬ 
vided in other cases of counties not under township organization. 

25. Disposition of town records, business, property, etc.] 
§ 5. When township organization is discontinued-in any county, the 
records of the several towns shall be deposited in the county clerk’s 
office, and the county commissioners of the county shall have power 
to close up all unfinished business of the several towns, and sell and 
dispose of any of the^iroperty belonging to the town, for the benefit 
of the inhabitants thereof, as fully as might have been done by the 
towns themselves, and to pay all the indebtedness of any town exist¬ 
ing at the time of such discontinuance, and cause the amount thereof, 
or so much as may be necessary, to be levied upon the property of 
the town. 



42 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


ARTICLE III. 


OF THE ALTERATION OF BOUNDARIES, AND DIVISION OF TOWNS AND 
TOWN PROPERTY. 

26. Powers of county board. 

27. Election in new town or towns. 

28. Terms of officers. 

29. Taxes. 

30. Disposition of real estate on division of towns. 

31. Disposition of real estate on annexation of towns. 

32. Disposition of personal property. 

33. Meeting of supervisors and assessors. 

34. Burial grounds. 

35. Apportionment of debts. 

36. Disputes submitted to county board. 

37. Proceedings to unite towns. 

26. Powers of the County Board.] § 1. The county board 
or board of supervisors of each county, shall have jurisdiction to 
alter the boundaries of towns, to change town lines and to divide, 
enlarge and create new towns in their respective counties; and the 
county board or board of supervisors may make alterations of the 
town boundaries and create a new town whenever, in any territory 
of not less than sixteen square miles, three-fourths or more of the 
voters resident in such territory shall petition for such new town: 
Provided, however, That such new territory proposed to be organ¬ 
ized into a new town shall contain at least two hundred legal voters: 
Provided, further, That the respective remaining portions of each 
of the towns from which such new town shall be taken shall also 
contain not less than two hundred legal voters and not less than 
sixteen square miles and that a majority of the legal voters resident 
in each of such remaining portions of such towns respectively shall 
likewise join in such petition for the formation of such new town by 
signing the same: Provided, however, The county board or board 
of supervisors shall give notice thereof by posting up notices in not 
less than five of the most public places of the town interested, at least 
sixty days before their final action; also by publishing such notice at 
least three times in some newspaper published in the county wherein 
said towns are situated, if any shall be published therein: Provided, 
further, That no incorporated town shall be divided, except consent 




Art. III.] 


ALTERATION OF BOUNDARIES, ETC. 


43 


thereto is given by a majority of all the electors in said town, notice 
that the question of dividing the said town will be submitted to the 
legal voters thereof having been given by the county clerk at the 
same time and in the same manner as the notice of general elections. 
[As amended by Act approved June 28, 1913. In force July 1, 1913. 
Laws 1913, p. 607. 

27. Election in new town or towns.] § 2. When two or 
more towns are united into one, and when a town is divided into 
two or more towns, a new election shall be ordered in said new 
town or towns by the county board, and the time and place 
of holding the election shall be fixed, and judges of election 
appointed, and notice given in the same manner as required by 
law upon the first organization of towns: Provided, That when 
parts of several towns are taken to make a new town, it shall 
not be necessary to order an election in the towns from which 
territory is taken, but if any of the officers thereof shall continue 
to reside in the new town, his office shall be declared vacant, and 


Form of Petition for Alteration of Boundaries, Change of Town Lines, 
or Enlarging a Town. 

To the honorable the county board of the county of-, State of Illinois: 

The legal voters of the town of-, in said county, do petition your hon¬ 
orable board to alter the boundaries of said town of -, as follows [here 

set forth the alteration desired ]. Such alteration of boundaries will not affect 
any town so that the territory thereof will be less than -square miles. 

And your petitioners will ever pray. 

The words change town lines, or enlarge a town, can be substituted in lieu of 
the words alter the boundaries of, in the foregoing form, when deemed more appro¬ 
priate. ' 

Form of Petition for Dividing a Town. 

To the honorable the county board of the county of-, State of Illinois: 

The undersigned legal voters of the town of-, in said county, do peti¬ 

tion your honorable board to divide said town as follows [here set forth the 
line of division as desired ]. That the territory within the following boun¬ 
daries [state the same] shall continue to form and exist as the said town of 

_ an d that the territory within the following boundaries [state the same] 

shall form a new town, to be named the town of--; that the territory of 

each of said towns will not be less than-square miles. 

And your petitioners will ever pray. 

The foregoing form can be changed to suit the occasion of the creation of a new 

The law contemplates, in case of alteration of boundaries, that it shall be peti¬ 
tioned for by at least half the legal voters of each town affected. 

Form of Notice of Creating New[ Town, Dividing Town, or Changing 
Boundaries of Town. 

Public notice is hereby given that petitions will be presented to the county 
board of the county of -, State of Illinois, at the session thereof 





44 


TOWNSHIP ORGANIZATION ACT. 


[Div. 1. 


filled as in other cases of vacancy. [As amended by Act ap¬ 
proved June 15, 1887; in force July 1, 1887. Laws 1887, p. 300. 

28. Terms of officers.] § 3. The officers elected or ap¬ 
pointed at any such town meeting, shall hold their offices until 
the next annual town meeting, and until their successors are 
elected and qualified; except that one of the highway commis¬ 
sioners so elected shall hold his office until the next annual meet¬ 
ing, one until the second annual meeting, and the other until 
the third annual meeting, to be determined between them by lot, 
and until their successors are elected and qualified, and except 
that any justice of the peace or constable so elected shall hold 
his office until the next general election of justices and con¬ 
stables, as fixed by law. 

29. Taxes.] § 8. The union of two or more towns, or the 
division or alteration of a town, after the making out of the 
assessor’s books in any year, shall not in any manner affect the 
assessment or collection of the taxes assessable and collectable 
in that year, but the same may be assessed and collected in 
the same manner and by the same officers as if no division, 
union or alteration had taken place. [As amended by Act 


to be held at -, on the - day of - , A. D. 19—, praying for 

[state what is petitioned for as set forth in the petitions] ; and that final 
action of the board will be asked, on said petitions, at the time of presen¬ 
tation thereof. Dated this-day of-, A. D. 19-. 

The foregoing is held to be the proper form of notice. It is not required to be 
given by the county clerk. Neither is it necessary to be signed by any one. Nor is 
the county board required to give notice of the proposed action. Town of Woo Sung 
v. The People, 102 Ill. R., 648. In this case the Supreme Court recognize Haines’ 
Township Organization Laws as authority. 

The county board can divide a township only at a regular meeting, and upon sixty 
days’ notice; and an order for this purpose, that the separation or division shall not 
take effect until the next annual election of town officers, is authorized, and is in 
accordance with the statute. Sup. and Assessor of Hensley Township v. The 

People ex rel., Barley, 84 Ill. R., 544. On an application by the required number 

of legal voters to the county board to set off a new town, the published copy of 

notice need not contain the subscription of the names. People v. Carpenter 24 
N. Y. R., 86. 

The act of the county board in dividing a town and setting off a new one, 
described only the dividing line. Held, that its uncertainty was cured by its ref¬ 
erence to the application and notices preliminary to its passage, in which the 

tract south of the dividing line was designated for the new town; also by proof that 
the first town meeting ordered to be called for this new town was summoned to a 

place south of said line, and was composed wholly of men residing south of said 

line. People v. Carpenter, 24 N. Y. R., 86. 

The proviso in the statute giving the county board power to form new towns, and 
to divide or enlarge towns, requiring a vote in case an incorporated town is to be 
divided, refers to incorporated towns and villages and not to towns under the town¬ 
ship organization law; and where no such incorporated town or village is to be 
divided, by any change of boundaries or the formation of a new town, no vote i 9 

required. Harris et al. v. Schryock et al., 82 Ill. R., 119. See also Town of Woo 

Sung v. The People, 102 Ill. R., 648. 

Under the law prohibiting the creation of a new town of less territory than 
seventeen square miles, where a town is divided, each part of the two towns re¬ 
sulting from the division must contain the requisite territory. In such case, both 
the towns become new ones formed from the old one. Town of Jefferson v. The 
People ex rel., Barley, 84 Ill. R., 544. 










Art. III.] 


ALTERATION OF BOUNDARIES, ETC. 


45 


approved June 15, 1887. In force July 1, 1887. Laws 1887, 
p. 300. 

30. Disposition of real estate on division of towns.] § 5. 
When a town possessed of real estate shall be divided into two 
or more towns, the supervisors and assessors of the several 
towns constituted by such division shall meet as soon as may 
be after the first town meeting subsequently held in such towns, 
and when so met shall have power to make such agreement con¬ 
cerning the disposition to be made of such town property and 
the apportionment of the proceeds as shall be equitable, and to 
take all measures and execute all conveyances which may be 
necessary to carry such agreement into effect. 1 [Laws 1861, 
p. 219, §4. 


(1) Form of Agreement by Supervisors and Assessors, in case of Division of 
Town, concerning Disposition and Apportionment of Real estate. 

This agreement, made this-day of-, A. D. 19- , by A. B., 

supervisor, and C. D., assessor of the town of-, on the part of said 

town, and E. F., supervisor, G. H., assessor of the town of-, on the 

part of said town of-, in the county of-, and State of Illinois, 

witnesseth. That, whereas, the town of-, which formerly comprised 

the territory now composing the aforesaid towns of - and -, has 

lately been divided by proper authority, into two towns, named and styled as 

aforesaid, [or as the case may be], and whereas said town of-was at 

such division thereof seized of the following real estate, to wit: [here de¬ 
scribe the premises]. Now therefore it is agreed by and between said su¬ 
pervisors and assessors on the part of their respective towns, that said real 
estate be divided and disposed of for the benefit of said towns, as follows: 
that portion thereof described as follows [here describe it], shall be and 
remain the property of said town of-, and the balance thereof de¬ 

scribed as follows [here describe the remaining portion of said premises], be 
sold within three months from this date’ for the highest sum which the 
same can be sold for, and the proceeds thereof be paid over to said town 

In witness wherepf said supervisors and assessors have hereunto set their 
hands and private seals, the day and year first above written. 

A. B., [seal.] 
Supervisor. 

C. D., [seal.] 

Assessor. 

E. F., [seal.] 
Supervisor. 

G H.. [seal.] 

Assessor. 


The foregoing form can be varied to suit the circumstances of each case. What¬ 
ever agreement is made by the supervisors and assessors, should be reduced to writ¬ 
ing proper form, and a copy filed with the town clerk of each town interested. 
When a division of the property is impracticable, it may be appraised by the su¬ 
pervisors and assessors, and the town wherein it is situated may pay over to the 
other town its equitable share of the valuation and retain the whole property when 
such course is deemed most advisable. It will be seen that the aw has clothed 
the supervisors and assessors with ample authority for a proper division of the Mj 
estate- it has authorized them to make agreement concerning the disposit on thereof, 
and such apportionment of proceeds as shall he equitable, and to take all measures 
















46 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


31. Disposition of real estate on annexation of towns.] § 6. 

When two or more towns possessed of real estate shall be united, 
or when a part of any town possessed of real estate shall be an¬ 
nexed to another town or towns, or taken to form a part of a new 
town, the supervisors and assessors of the town, so united, or of 
the town from which such territory is taken, and of the town or 
towns to which the same shall be annexed, or of which it shall 
constitute a part, shall, as soon as may be after such alteration 

and execute all conveyances necessary to carry their agreement Into effect; there¬ 
fore when it is agreed that the property or any part thereof shall be sold, the super¬ 
visors and assessors are authorized to execute the conveyance. A question may arise 
as to who should execute the conveyance, whether the supervisor or assessor of the 
town wherein the real estate is situated, in case of lying all in one town, or whether 
by the supervisors and assessors of the several towns interested. It can do no harm 
for them all to join in the conveyance. Indeed, such may be the more proper course. 

Form of Deed of Conveyance by Supervisors and Assessors Conveying Real 
Estate where Town is Divided. 

This indenture, made this-day of-, A. D. 19—, between A. B., 

supervisor, and C. D., assessor, of the town of -, E. F., supervisor, 

and G. H., assessor of the town of -, which towns are in the county 

of -, and State of Illinois, party of the first part, and L. M., of said 

county and State, party of the second part, witnesseth: That, whereas, said 

town of - has lately been divided by proper authority, and said town 

of - erected therefrom [or as the case may be], and whereas said town 

of-was at the time of such division seized of the following real estate 

[here describe the whole premises], and whereas it was agreed by the 
supervisors and assessors of each of the aforesaid towns, that the following 
portion of said real estate should be disposed of for the benefit of said town 
of - [or as the agreement may be], as being the equitable share there¬ 

of to which said town would be entitled in consequence of such division, 
to-wit; [here describe the portion of the premises to be disposed of]. Now, 
therefore, said party of the first part, for and in consideration of the sum 

of- dollars paid by said party of the second part, the receipt whereof is 

hereby acknowledged, have and do grant, remise, release, convey and con¬ 
firm unto said party of the second part, and to his heirs and assigns for¬ 
ever, all the following described premises, lying and being in said town of 

-, in the county of -, and State of Illinois, to-wit, [here describe 

the premises to be conveyed]. To have and to hold the same, together with 
all and singular the appurtenances and privileges thereunto belonging or 
in any wise appertaining, and all the estate, right, title, interest and claim 

whatever which said town of-and -, or either of them may have 

either in law or equity, to the only proper use, benefit and behoof of the 
said party of the second part, his heirs and assigns forever. 

In witness whereof, said party of the first part have hereunto set their 
hands and seals, the day and year first above written. 

Signed, sealed and delivered} 

in the presence of j A. B., [seal.] 

Supervisor. 

C. D., [seal.] 
Assessor. 

E. F., [seal.] 
Supervisor. 

G. H., [seal.] 
Assessor. 


The foregoing deed should be acknowledged In the usual form. 















Art. III.] 


ALTERATION OF BOUNDARIES, ETC. 


47 


meet for the purpose and possess the powers provided in the last 
preceding section [As amended by Act approved June 15, 1887 ; 
in force July 1, 1887. Laws 1887, p. 301. 

32. Disposition of personal property.] § 7. When two or 
more towns, any one or more of which are possessed of or en¬ 
titled to, moneys, rights or credits or other personal estate, shall 
be united, or when a town possessed of, or entitled to, moneys, 
rights or credits or other personal estate shall be divided or 
altered, such personal estate, including moneys, shall be appor¬ 
tioned between the towns interested therein, by the supervisors 
and assessors of such towns according to the amount of taxable 
property in the town or towns united, divided or altered, as the 
same existed immediately before such union, division or altera¬ 
tion, to be ascertained by the last assessment list of such town; 
and such supervisors and assessors shall meet for the purpose 
aforesaid as soon as may be, after such union, division or altera¬ 
tion. 1 [As amended by Act approved June 15, 1887 ; in force 
July 1, 1887. Laws 1887, p. 301. _ 

(1) The proceedings of the supervisors and assessors ought properly to be 
reduced to writing, as a memorandum showing how and in what manner the money, 
rights, credits, and other personal property is disposed of or apportioned, and how 
existing debts are apportioned and a copy filed with other papers, if any, with the 
town clerk of such town interested. The following is suggested as a form for such 
writing or memorandum: 

Form of Proceedings of Supervisors and Assessors in Apportioning Prop - 
erty in case of Division of Towns. 

At a meeting of the supervisors and assessors of the towns of-and 

-, in the county of -, convened at the office of the town clerk of 

said town of -, on the-day of-, A. D. 19— r [if adjournments 

are had state the adjournment], for the purpose of making agreement con¬ 
cerning the disposition of the real estate lately belonging to said town of 

-, and apportioning the proceeds thereof according to law in such 

cases, in consequence of a division of the driginal town of --—; also for 

the purpose of apportioning between said towns, the money, rights, credits 
and other personal property lately belonging to, and debts owing by said 

town of -, the following proceedings were had. The real estate of 

said original town of-was ordered to be disposed of and proceeds ap¬ 

portioned according to written agreement between said supervisors and 

assessors, dated -. Said town was found to be possessed, of money to 

the amount of - dollars, which was apportioned as follows [state how 

apportioned]. Said town was found to be entitled to money arising from 
[state the source from which the money is to be derived] to the amount of 

- dollars, which was apportioned as follows, [state how apportioned 

and continue in like manner setting forth all rights, credits and personal 
property of the town, and debts owing, and how apportioned between the 
towns.] A. B., Supervisor of the 

town of -. 

C. D., Assessor of the 

town of -. 

E. F., Supervisor of the 
town of -. 

G. H., Assessor of the 

town of-- 













48 


TOWNSHIP ORGANIZATION ACT. 


[Div. I 


33. Meeting of supervisors and assessors.] § 8. Whenever 
a meeting of the supervisors and assessors of two or more towns 
shall be required, in order to carry into effect the provisions of 
this article, such meeting may be called by either of said super¬ 
visors ; but the supervisor calling the same shall give at least ten 
days’ notice in writing, to all the other officers, of the time and 
place at which such meeting is to be held. 1 [Laws 1861, p. 
220, § 7. 

34. Burial grounds.] § 9. The preceding section shall not, 
however, apply to any cemetery or burial ground, but the same 
shall belong to the town within which it may be situated after a 
division shall have been made. [Laws 1861, p. 220, § 9. 

35. Apportionment of debts.] § 10. Debts owing by a 
town or towns so united, sub-divided or altered, shall be appor¬ 
tioned in the same manner as the personal property of the town, 
and each town shall thereafter be charged with its share of such 
debts according to such apportionment. 2 [As amended by Act 
approved June 15, 1887; in force July 1, 1887. Laws 1887, p. 308. 

36. Disputes submitted to county court.] §11. When the 
several towns cannot agree in relation to a division or apportion¬ 
ment of the real or personal property, or debts, or any part there¬ 
of as provided in the six preceding sections, the dispute shall be 

(1) Form of Notice by Supervisor to other officers to Meet and Apportion 
Property in case of Division or Alteration of Tozvn. 

To-, supervisor [or assessor ] of the town of-, county of-: 

You are hereby notified that a meeting of the supervisors and assessors 

of the towns of - and -, will be held at [state the place where], 

on Monday, the-day of-, A. D. 19—, at the hour of ten o’clock in 

the forenoon, for the purpose of making agreement concerning the disposi¬ 
tion of the real estate lately belonging to said town of -, and appor¬ 

tioning the proceeds thereof according to the law in such cases, in conse¬ 
quence of a division of the original town of -, and the erection there¬ 

from of the town of —; also for the purpose of apportioning between 

said towns the money, rights, credits and other personal property, lately 
belonging to said town of -, at which time and place you are respect¬ 

fully requested to attend. 

Dated at -, this - day of -, A. D. 19—. 

J. W. H.. 

Supervisor of the town of-. 

(2) The legislature, on the division of a town, may provide, as one of the 
conditions or terms of the division, that any burdens, to which the whole inhabitants 
would be subjected by the operation of the general laws in force at the time, shall 
be apportioned between the towns, so that they will still be borne by the whole 
inhabitants who would have been subjected to them but for the division, and in doing 
this, they may fix the relative proportion between the towns. Londonderry v. Derry. 
8 N. Hamp. R., 320. 

Where, after the division of a township, the town boards have met, and deter¬ 
mined the amount of the township indebtedness to be paid by the new township, 
such amount is a fixed and liquidated demand against such new township, which it 
is the duty of its town board to allow, and the clerk to issue his certificate for 
payment as in other cases. In case the board refuse to act, mandamus is the proper 
remedy. Marathon v. Oregon, 8 Mich. R., 372. 

















Art. III.] 


ALTERATION OF BOUNDARIES, ETC. 


49 


submitted to the county court of the county, whose decision in 
the matter shall be conclusive between the parties. The court 
shall hear and determine the matter in a summary manner, with¬ 
out pleadings, and shall pronounce judgment as the right of the 
case may be." [As amended by Act approved June 15, 1887; in 
force July 1, 1887. Laws of 1887, p. 301. 

37. Proceedings to unite towns.] § 12. The county board of 
each county shall have full power and jurisdiction to unite into 
one town two or more contiguous towns, whether incorporated 
under any special or general Act, or organized under this Act, and 
to disconnect territory from one of such towns and annex the 
same to another. But no such towns shall be united, nor shall 
territory be taken from one such town and at the same time an¬ 
nexed to another, excepting in the following manner, that is to 
say: After the petition hereby required shall have been pre¬ 
sented to the county board for the union of such towns or for dis¬ 
connecting territory from one of such towns and annexing the 
same to another, said county board shall cause to be submitted 
to the voters of said towns at a general annual election to be 
holden in each of said towns the question of uniting, or of dis¬ 
connection and annexation: Provided, That no territory shall be 
taken from one such town and at the same time united to another 
unless such territory be at least one-half (J^) square mile in ex¬ 
tent, and contain at least one thousand .(1,000) inhabitants. 
Where it is proposed to unite two or more contiguous towns under 
this section, said petition shall be signed by at least one-fourth of 
the voters of each of the towns sought to be united: Provided, 
That if in any town the number of voters exceed four hundred 

(3) The submission of the question of division or apportionment of the property 
under the above section, in case of disagreement, should properly be in writing stating 
the facts, signed by the supervisors and assessors, or verified by some person having 
authority in the premises. The following may be the form of such submission: 

Form to Submit Question of Division of Property by County Court in Case 

of Disagreement. 

To the honorable the county court of the county of-■, State df Illinois: 

The undersigned, the supervisor and assessor, of the town of —-—, and 

the supervisor and assessor of the town of -, of the county aforesaid, 

respectfully represent to your honorable court that the town of —-, which 

formerly comprised the territory now composing the aforesaid towns of 

-and-, has lately been divided by proper authority, into two towns 

named and styled as aforesaid, [or as the case may be], and whereas said 

town of - was at such division thereof seized of the following real 

estate [or as the case may be I, to-wit: [here describe the premises], and that 
said towns cannot agree in relation to a division of said real estate [or as the 
case may be] ; the matter is therefore submitted to your honorable court for 
your decision, pursuant to the statute in such case made and provided. 

Dated this-day of-, A. D. 19— . 

[To be signed by supervisor of each township. J 












50 


TOWNSHIP ORGANIZATION ACT. 


tDiv. I. 


(400) at the last general election, then by one hundred of the 
voters in such town. Where it is sought to disconnect part of 
the territory from one town and annex the same to a contiguous 
town, such petition shall be signed by at least one-fourth of the 
voters of the territory sought to be disconnected from one town 
and annexed to the contiguous town, or if such territory contains 
more than four hundred (400) voters at the last general election, 
then by one hundred (100) of such voters. (1.) Notice of the 
election hereby required shall be given by causing notices thereof 
to be posted up in five public places in each of said towns at least 
twenty (20) days before such election, and by publishing the 
same in at least one newspaper (if any there be published), in 
each of said towns or a newspaper published in said county. The 
ballots cast at such election to be written or printed, or partly 
written and partly printed, “for uniting,” or “against uniting,” 
or “for annexation,” or “against annexation,” respectively, to be 
canvassed in like manner as votes for county officers and re¬ 
turned to the county board, who shall cause the votes to be can¬ 
vassed. If a majority of voters of each town voting upon the 
question of union at such election shall vote for uniting such 
towns, such county board, at the meeting of which such vote is 
canvassed, or at the next succeeding meeting, shall proceed to 
declare such towns united, and give the united towns a name and 
define the boundaries thereof: Provided, That the officers of each 
such towns shall continue to hold their respective offices and dis¬ 
charge the duties thereof during the remainder of the term for 
which they were respectively elected: And, provided, That the 
commissioners of highways, if there be such, in each of said 
towns in office at the time of such union, shall continue in and 
discharge the duties of their respective offices during the remain¬ 
der of the terms for which they were elected, and in the discharge of 
their duties shall act in conjunction: And, provided further, 
That the union of such towns shall not be complete until the ex¬ 
piration of the terms of all officers in said towns who are elected 
to serve for the period of one year. If a majority of the voters 
in each town voting upon the question of disconnection of terri¬ 
tory from one such town and annexation to the other at such 
election shall vote for the annexation, such county board at the 


(1) Form of Petition to County Board. 

To the honorable the county board of -county, Illinois: 

The undersigned, being one-fourth [or 100, as the statute requires] of 

the voters in each of the townships of - and -, [or in that part 

of the township of -, which it is proposed to annex to another] petition 

your honorable board to consolidate said townships in one [or to annex the 
described part of - to the township of -, as the case may be]. 













Art. III.] 


ALTERATION OF BOUNDARIES, ETC. 


51 


meeting at which such votes are canvassed, or at the next suc¬ 
ceeding meeting, shall proceed to declare such territory discon¬ 
nected from the town of which it formerly formed a part, and 
united to the contiguous town to which it sought to be annexed: 
Provided, That the officers of the town to which such territory is 
annexed shall thereupon constitute the town officers of such terri¬ 
tory. Where the alteration or division or union of towns neces¬ 
sitates a change in any school district, it shall be the duty of the 
officers having charge of the school property therein to proceed 
to make an adjustment of the property and debts thereof, as in 
the case of the alteration of school districts. After the declara¬ 
tion by the county board of the union or annexation herein pro¬ 
vided for, it shall be the duty of the officers specified in this arti¬ 
cle to meet for the purpose of adjusting the assets and debts of 
said towns. If the town or part thereof which may be joined to 
an incorporated city under this section is also an incorporated 
town or village or part of the same, and such incorporated town 
or village has property or debts, then the property and debts and 
rights of such incorporated town or village shall be adjusted by the 
same officers and in the same manner as provided in this article: 
And, provided further, That all ordinances for the regulation or 
restraint of the sale of intoxicating liquors which shall be in force 
in the whole or any part of said annexed territory at the time of 
said annexation shall continue in force therein and shall not be 
repealed except upon the petition of one hundred (100) house¬ 
holders within said prohibited portion, and a vote for such repeal 
of the majority of all the aldermen of the common council of the 
city to which such territory shall be annexed, including the vote 
therefor of the aldermen in whose ward said prohibited district 
shall then, wholly or in part, lie: And, provided further, That 
when the county board of commissioners wish to consolidate a 
town in which the corporate authorities are authorized to assess, 
levy and receive taxes for park purposes, such county board shall 
first submit to the legal voters of the town at an election to be 
held on the Tuesday after the first Monday in November the 
question whether such town shall be established and continued as 
a park district for park purposes. And when such park shall be 
located in such town and also in another town adjoining thereto, 
the question shall be submitted to the voters of each of such 
towns in which a park shall be located, whether such town shall 
be established and continued as a park district, at an election to 
be held on Tuesday after the first Monday of November. The 
tickets shall be written or printed “For park district” or “Against 
park district.” And if a majority of the votes cast at the election 
on that subject in each town shall be for a park district, then the 



52 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


park district shall be deemed as established, and the park com¬ 
missioners, appointed and authorized by law, shall thereupon be 
the corporate authorities of such park district arid shall have and 
exercise all the power and authority and perform all the duties 
enjoined by law on the corporate authorities of such town or 
towns for the establishment and maintenance of the park and for 
the discharge of all debts, bonds, obligations and contracts of 
such town for park purposes. The mode of conducting such elec¬ 
tion, the returns thereof and the notices therefor, the canvassing 
and contesting the same, shall be as nearly as may be as in the 
case of county officers. If such park district is established as 
aforesaid, then the county may proceed to consolidate said town 
with another town or towns or change the boundaries thereof, 
but if such park district is not established as aforesaid, then there 
shall be no authority in the county board to consolidate such 
town or towns with another town or towns: 

Provided , That where lands lie wholly outside of and not ad- 
adjoining the limits of an incorporated city or village, whenever a 
majority of the land owners residing within such territory shall 
petition the county board to take such territory from one town 
and unite it with another town, the county board shall have full 
power to disconnect such territory from one town and annex it to 
another town, as prayed for in such petition, without regard to 
extent of territory or number of inhabitants, but no town shall 
be reduced in extent of territory or number of inhabitants, but no 
town shall be reduced in extent of territory to less than sixteen 
square miles. [As amended by Act Approved May 9, 1901; in 
force July 1, 1901. Laws 1901, p. 310. 

CONSOLIDATION OF TOWNSHIPS IN CERTAIN CITIES. 

AN ACT to provide for consolidation of the territory of cities in counties 
under township organization having five or more congressional town¬ 
ships and fractional parts of congressional townships into one township, 
and to provide for a board of auditors of said township and locate the 
place wherein the Justices of the Peace shall have their offices. [Ap¬ 
proved April 24, 1899. In force July 1, 1899. Laws 1899, p. 91.] 

38. Consolidation of territory into one township—Election—Canvass of 

votes. 

39. If majority of votes are in favor of—Election of township officers. 

40. Consolidation into one organized township—Appointment of one 

justice from each congressional township as one of the town 
auditors—Where justices to hold offices. 

41. Repeal. 

38. Consolidation of territory into one township—Elec¬ 
tion—Canvass of votes.] § 1. Be it enacted by the People of the 
State of Illinois represented in the General Assembly: That when 



Art. Ill] 


CONSOLIDATION OF TOWNSHIPS. 


53 


the territory of any city of the State of Illinois in counties under 
township organization is composed of five or more congressional 
townships or fractional parts of congressional townships and the 
legal voters of said city want to organize said territory into one 
township, that upon a petition of at least one-tenth of the legal 
voters of said city, to be ascertained by the votes cast at the last 
preceding presidential election, the county board of said county 
shall cause to be submitted to the voters of said city at the next 
general election the question of consolidation of the territory in¬ 
cluded in said city into one township, to be voted on by ballots, 
written or printed, or partly written and partlyjmnted, “For con¬ 
solidation into one township,” and “Against consolidation into 
one township,” notice to be given and the votes to be canvassed 
and returns made in like manner as votes for county officers. 

39. If the Majority of votes are in favor of consolidation— 
Election of township officers.] § 2. The county clerk shall 
enter an abstract of the returns of said election, to be made out 
and certified as in election for county officers, record the same at 
length upon the records of the county, and if a majority of said 
votes shall be in favor of consolidating all of said townships and 
fractional parts thereof in said city into one organized township, 
then at the next ensuing election for township officers there shall 
be elected one set of township officers for the territory in said 
city. 

40. Consolidation into one organized township—Appoint¬ 
ment of one justice from each congressional township as one 
of the town auditors—Where justices to hold their offices.] 

§ 3. Provided further , whenever any city in counties under town¬ 
ship organization having five or more congressional townships 
and fractional parts thereof in said city shall have been consoli¬ 
dated into one organized township, the judges of the courts of 
record of said county shall appoint one Justice of the Peace from 
each of the congressional townships in said city to act as one of 
the town auditors of said town, who shall act during the term of 
Justice of the Peace, and in case of vacancy, to fill the same, who, 
with the supervisor and town clerk, shall compose the board of 
auditors of said consolidated town: Provided , That in cities of 
one hundred and twenty-five thousand inhabitants the Justices of 
the Peace shall have their offices in the congressional township 
or fractional part thereof from which they are appointed or 
elected. 

41. Repeal.] §4. All Acts in conflict with this act are 
hereby repealed. 



54 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


ARTICLE IV. 

CORPORATE POWERS OF TOWNS, AND THE EXERCISE THEREOF-WFIAT 

MAY BE DONE AT TOWN MEETINGS-BY-LAWS, RULES 

AND REGULATIONS. 


42. Corporate name. 

43. Corporate powers. 

(1) To sue and be sued. 

(2) To acquire by purchase, etc. 

(3) To make all contracts. 

44. Powers of town meeting. 

(1) Orders for sales, etc., of corporate property. 

(2) Exercise of corporate powers. 

(3) Direct the raising of money by taxation for— 
(Constructing or repairing roads, bridges, etc.) 

(Prosecuting or defending suits, etc.) 

(Any other legal purpose.) 

(Building bridges, etc., in another town.) 

(4) Provide for conducting suits. 

(5) Prevent growing of Canada thistles. 

(6) Inducement for cultivation of trees. 

(7) Rules and regulations in regard to fences. 

'(8) Regulate the running at large of live stock. 

(9) Establish and maintain pounds. 

(10) Pound masters. 

(11) Distraining and impounding of live stock. 

(12) Public watering places. 

(13) Prevent deposit of night soil, etc. 

(14) By-laws, rules and regulations. 

(15) Application of penalties. 

45. Exception as to cities and villages. 

46. Notice of by-laws, etc.—Taking effect. 

47. Effect of certain conveyances. 

48. How conveyances made. 

42. Corporate name.] § 1. The corporate name of each 

town shall be: “Town of (name of town).” 

and all acts done by the town, and all actions by or against the 
town, shall be in its corporate name. 1 [Laws of 1861, p. 218, 


(1) The Constitution of Illinois recognizes five distinct classes of municipal cor¬ 
porations, viz: counties, townships, cities, towns and villages. As contemplated by 
the Constitution, a “township” is a territorial subdivision of a county organized for 






Art. IV.] CORPORATE POWERS OF TOWNS, ETC. 


43. Corporate powers.] § 2. Every town shall have cor¬ 
porate capacity to exercise the powers granted thereto, or neces¬ 
sarily implied, and no others. It shall have power: 


purposes of local government. (Const. Art. 10, § 5.) “Town” and “village” are 
synonymous terms, meaning the same thing, although the former is strictly ap¬ 
plicable only to villages that were incorporated by that appellation in special char¬ 
ters prior to the Constitution of 1870. In our statutes concerning township organ¬ 
ization, the word “town” is frequently employed in the sense of township, which 
is neither a correct use of the word nor in harmony with the constitutional pre¬ 
scriptions that “the general assembly shall provide for Township organization, under 
which any county may organize;” that “no two Townships shall have the same 
name;” that “the day of the annual Township meeting shall be uniform through¬ 
out the state,” etc. 

“A town under the Township Law is not an incorporated town within the 
meaning as generally given by the statutes.” Town of Woo Sung et al., v. People, 
102, 111. 648, 654. 

“An incorporated town within the meaning of the statute regulating the or¬ 
ganization of cities and villages, is a village or small collection of residences which 
has become incorporated for the better regulation of their internal police, etc.” 
People v. Village of Harvey, 142 Ill. 573, 576. Martin v. The People, 87 Ill. 524. 

“ ‘Incorporated Towns’ does not refer to towns under the Township Organization 
law.” Harris Schryock, 82 Ill., 119. 

"A town organized under the Township Organization Law is but a quasi cor¬ 
poration and not an Incorporated Town, and hence is not within the meaning of 
the word “Town” as used in the act of 1883, concerning the licensing of dram 
shops in counties, cities, towns and villages.” People v. The Town of Thornton, 186 

I1L 162. 

No county, city, township, school district, or other municipal corporation, shall 
be allowed to become indebted in any manner or for any purpose, to an amount, in¬ 
cluding existing indebtedness, in the aggregate exceeding five per centum on the 
value of the taxable property therein, to be ascertained by the last assessment for 
State and county taxes, previous to the incurring of such indebtedness. Ill. Const., 
Art. 9, $ 12. 

Townships do not hold their powers ordinarily under any grant from the govern¬ 
ment to the individual corporation; or by virtue of any contract with the government, 
or upon any condition, express or implied. They give no assent in their corporate 
capacity to the laws which impose their public duties or fix their territorial limits. 
26 N. H., 284, 290. And they derive none of their powers from, nor are any duties im¬ 
posed upon them by, the common law. They have been denominated quasi corpora¬ 
tions, and their whole capacities, powers and duties are derived from legislative en¬ 
actments. 14 Maine R. 375. 

Where a cause of action exists in behalf of a township, and no officer is by statute 
authorized to prosecute for such cause of action, it is proper for the electors when 
convened in township meeting to direct such action to be brought, for which purpose 
they may appoint an agent to institute and prosecute the same, but such suit must 
be brought in the name of the township. 1 Den, R., 510. ' 

The constitution of Illinois declares that no township shall ever become subscriber 
to the capital stock of any railroad or private corporation, or make donation to or 
loan its credit in aid of such corporation. Const., Art. on Mun. Sub. to R. R. or 
Priv. Corp. Since which, towns have no authority to subscribe for or donate to the 
capital stock of railroad companies. The People ex rel., etc., v. Brooks, 56 Ill. R., 142. 

As to origin and power of towns in Massachusetts, see note to case of Common¬ 
wealth v. Roxbury, 9 Gray (Mass.) R., 510, 511. 

A municipal corporation must show authority in terms or by necessary impli¬ 
cation for all the powers it attempts to exercise, and especially so when it claims 
the right, by taxing or otherwise, to divest individuals of their property without their 
consent. Where a new power is given and the means of executing it provided, 
those claiming the power can exercise it in no other manner. Mix v. Rose et al., 
56 Ill. R., 121. 

It is the design of the law that municipal corporations shall exercise complete 
control over their local affairs. The legislature ordinarily has no power to impose 
a debt or levy a tax upon a municipal corporation without its assent, or to authorize 
persons not corporate officers to create a debt against the corporation, or to levy a 
tax therein, either directly or indirectly, without the consent of those to be affected 
thereby, or of the municipal authorities. Wilder et al., v. City of East St. Louis, 
55, Ill. R., 133. 







50 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


1. To sue and be sued. 1 

2. To acquire by purchase, gift or devise, and to hold prop¬ 
erty, both real and personal, for the use of its inhabitants, and 
again to sell and convey the same. 2 


(1) A township was sued on the following instrument: “The commissioners of 
highways of the township of R. will pay the bearer twenty dollars when funds 
in road district number three and four,” dated and signed by the commissioners. 
Held, that the action could not be sustained. The order was too indefinite in its terms. 
It should show expressly the person to whom payable, and on what account. Mon¬ 
roe v. Township of Rowland, 11 Mich. R., 348; People v. Town Board of Zelwaukie, 
10 Mich. R., 274. 

A township is not liable for interest on damages appraised for laying out a 
highway. People v. Township Board of La Grange, 2 Mich. R., 187. 

A town, in its corporate capacity, cannot maintain an action to vindicate the 
tax payers from an illegal tax. Guilford v. Supervisors Chenango Co., 3 Kern. R., 143. 

A town, organized under township organization in Illinois, is liable equally with 
natural persons in trespass, for wrongfully taking the goods of another than the 
execution defendant. Wolf v. Boetcher, 64 Ill. R., 316. 

Towns, under the township organization act, are not liable to a private action 
for damages occasioned by the neglect of the town authorities to keep their public 
highways in repair. The case of The Town of South Ottawa v. Foster, 20 Ill. R., 
296, so far as it holds the latter description of towns liable to such private actions, 
Is overruled. In respect to that character of liability there is no difference between 
the authorities of counties and their powers and duties in regard to public highways, 
and towns established by law as civil divisions of counties merely, and the doctrine 
of the case of Hedges v. The County of Madison, 1 Gilm. R., 567, declaring that 
counties are not liable to such private actions, applies to towns of that description. 
The rule is otherwise in case of municipal corporations created for their own benefit, 
where more extensive powers and privileges are granted, as cities and villages. 
Town of Waltham v. Kemper, 55 Ill. R., 346; Bushnell v. Town of Steuben, 67 Ill. 
R., 35. Nor can towns be subjected to such liability through an action against the 
commissioners of highways. Commissioners of Highways v. Martin, 4 Mich. R., 557. 

In a later case the Supreme Court say that the maxim that no one has the 
right to use his property so as to injure another, applies as well to townships as to 
incorporated cities and natural persons. Tearney et al. v. Smith, 86 Ill. R., 391 . 

(2) Towns may lawfully take by purchase or devise, and hold real estate, other 
than such as may be necessary to erect school houses and other public buildings 
upon. Worcester v. Eaton, 13 Mass. R., 371. They may take the fee of lands, for 
the purpose of public commons and this by purchase. Beach v. Haynes, 12 Vt. R., 15. 

A town may gain title to lands by possession as well as an individual. Booth v. 
Coventry, 4 Vt. R., 297. 

A town has no power to hold land not situated within its own limits. N Hemp¬ 
stead v. Hempstead, Hopk. Ch. R., 288, 2 Wend. R., 109; Riley v. City of Rochester 
9 N. Y. (5 Seld.) R., 64. 

Where a town owns a lot of land, and by vote assents to a proposed exchange of 
it, the title to the land does not pass by the mere act of such vote. Atherton v 
Johnson, 2 N. Hamp. R., 31. 

A town has no title to lands over which a highway passes; it remains in the 
respective owner, subject to the right of way by the public. Such right of passage 
does not belong to, nor is it in any sense the property of any particular town or 
county, but that of the whole State. Town of Galena v. Clyde, etc., Plank Road Co 
27 Barb. R., 543. 

A sufficient and convenient room for elections and town meeting purposes is a 
public use for which the town may purchase and hold a site, and erect a building 
if there is none thereon, making all necessary contracts therefor. Such power in¬ 
cludes the lesser power to lease a building for those purposes. Town of 
Dam v. Frings, 17 Wis. R., 398. weaver 

A town may erect a town house of sufficient capacity for all the business which 
it may have occasion to do in such a building, and may, in its erection, make suit¬ 
able provision for its prospective wants; and if the building contains rooms not 

wanted for the time being for municipal business, the town may let them temporarily 
or allow them to be used gratuitously. And the condition of a deed of land to 

the inhabitants of a town, which provides that the same "shall not be used for any 

other purpose than as a place for a town house for said inhabitants,” is not broken 
by the erection thereof of a town house, with a hall in the second story which has 
been used for miscellaneous purposes, and rooms upon the sides of the entrance 
which have been let and used for shops and other purposes not connected with muni¬ 
cipal business, and the construction and use for several years of a lock-up under 
the building. French v. Quincy, 3 Allen (Mass.) R., 9. 





Art. IV.] 


CORPORATE POWERS OF TOWNS, ETC. 


57 


3. To make all such contracts as may be necessary in the 

exercise of the powers of the town. 1 [Laws 1861, p. 218, § 1, 2. 


(1) Where a contract is made in pursuance of a vote of a town, but before the 
contract is performed the vote is rescinded, it seems that the person with whom the 
contract is made is not affected by the rescission, unless he had notice thereof, 
in which case it would be otherwise. Allen v. Taunton, 19 Pick. R., 485. So a vote 
of a town authorizing payment for certain work done, if not acted upon by the 
party in whose favor the vote is taken, may be rescinded at the same or a sub¬ 
sequent meeting. Getchell v. Wells, 55 Maine R., 433; Rumford v. Wood, 13 Mass. 
R., 193, 199. 

Towns are not bound, even by the express vote of the electors thereof, to the 
performance of contracts or other legal duties, not coming within the scope of the 
objects and purposes for which they exist. Parsons v. Goshen, 11 Pick. (Mass. R.), 
396; Stetson v. Kempton, 13 Mass. R., 272; Norton v. Mansfield, 16 Mass. R., 48; An¬ 
thony v. Adams, 1 Mete. (Mass. R.), 284. 

A town, as such, has no authority to contract with a plank road company, or 
other corporation, granting them the use of a highway in the town; as a corporation 
a town has nothing to do with, and no interest in the highways within its limits; 
the title to the soil is in individuals; the right to their use belongs to the in¬ 
habitants of the town, not exclusively, but in common with the whole public. The 
care and superintendence of highways has been committed to certain officers of the 
town chosen for that purpose, and whose duties are prescribed by law. See Town 
of Fishkill v. Fishkill & Beekman Plank Road Co., 22 Barb. R., 634. 

A town, in its corporate capacity, cannot maintain an action to set aside a 
contract entered into between the supervisor and commissioners of highways of the 
one part and a plank road company of the other, under which the company claims 
possession of a public highway in said town. Town of Galen v. Clyde, etc., Plank 
Road Co., 27 (Barb. R.), 543. 

A town may take a bond, voluntarily given, to save the town harmless from the 
support of certain persons therein named; nor need it appear from the bond that they 
were at the time a charge on the town. It is sufficient that the declaration shows 
necessary expenditure for their support before action brought. Parolet v. Strong, 
2 Vt. R„ 442. 

In respect to the binding effect of contracts illegally made by the officers of 
municipal corporations, as organized townships, the rule is different from that in 
regard to private corporations organized for pecuniary gain. If such corporations, 
to increase their profits, embark in enterprises not authorized by their charter, still, 
as to third persons, and when necessary for the advancement of justice, the stock¬ 
holders will be presumed to have assented, since it is in their power to restrain 
their officers when they transgress the limits of their chartered authority. But 
municipal corporations are not organized for gain, but for the purpose of government, 
and debts illegally contracted by their officers cannot be made binding upon the 
taxpayers from the presumed assent of the latter. Bradley v. Ballard, 55 Ill. R., 413. 

Town officers are not deemed personally liable on contracts made in behalf of the 
town merely because they transcend their authority as such, if the other contracting 
party knows at the time that the contract is in excess of their authority. Leet v. 
Shedd, 42 Vt. R., 277. 

A town committee having charge of the repair of roads were held not personally 
liable for inadvertently pointing out to a road contractor an erroneous location of 
his section. Nickerson v. Dyer, 105 Mass. R., 320. 

Held, that where a town, through one of its selectmen, makes a Contract and 
avails itself of the benefits thereof, it will not be allowed to repudiate any of its 
stipulations after the performance of the agreement by the other party by showing 
that the remainder of the selectmen were not cognizant of its terms. Earl v. Wall¬ 
ingford, 44 Vt. R., 367. 

The enumerated powers of towns includes that of erecting a suitable building 
or town house, so called, for holding town meetings; for the convenience of town 
officers, and for transacting all town business. The erection of such a building, se¬ 
lection of a site, as well as purchase of the land therefor, is under the control and 
direction of the electors at town meeting. They may accomplish this by a vote of 
the electors, or by the appointment of a committee with pow-er to act. A very 
proper course would be to entrust the matter to the board of towm auditors. See 
Town of Beaver Dam v. Frings, 17 Wis. R., 398; Kempton v. Stetson, 13 Mass. R., 271 

The necessity of building a town hall and the amount of expense for that purpose 
is a question which is left to the judgment of the people of the town, and the 
officers whom they may elect. Courts will not interfere in this regard unless proper 
cause is shown. Greeley et al. v. The People, 60 Ill. R., 19. 

Powers of towns to erect town halls and buildings for rental discussed—see 
White v. Stanford, 37 Conn. R., 578. 

On the subject of building town house, see ante p. 56, note. 

A town may receive by endorsement a negotiable note for the purpose of meeting 
an expected claim upon the town by the payee, and may maintain a suit thereon as 
indorsee, in the name of the town. This power may be exercised by the town agent 
or town authorities, without a vote of the town, Augusta v, Leadbetter, 16 Maine. 
R., 45. 





58 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


WHAT MAY BE DONE AT TOWN MEETING. 

44. Powers of town meeting. J § 3. The electors present at 
the annual town meeting shall have power—(1) 

1. To make all orders for the sale, conveyance, regulation 
or use of its corporate property that may be deemed conducive 
to the interests of its inhabitants. 

2. To take all necessary measures and give directions for 

the exercise of their corporate powers. 

3. To direct the raising of money by taxation for the fol¬ 
lowing purposes: (2) 

First —For constructing or repairing roads, bridges, or cause¬ 
ways within the town, to the extent allowed by law. 1 2 3 

Second —For the prosecution or defense of suits by or against 
the town, or in which it is interested. 4 


(1) The powers of electors to bind the town are conferred by statute, and are 
limited to such acts as are prescribed by law. Cornell v. Guilford, 1 Denio R., 510. 

It is held in Massachusetts that a town may indemnify its officers against a lia¬ 
bility which they may incur in the bona fide discharge of their duties, although 
it turns out that they have exceeded their legal rights and authority. Bancroft v. 
Lynfield, 18 Pick. R., 566. 

A town meeting has no power to audit and allow accounts against the town. 
This authority is conferred upon the board of town auditors. See post Art. XIII. 
People v. Onondaga, 16 Mich. R., 254. 

The electors at a town meeting cannot direct an officer of the town to perform 
any Act which by law he has not authority to perform, nor to act in any other man¬ 
ner, in the performance of his duty, than that which is pointed out by law. Keen v. 
Stetson, 5 Pick. R. f 492. 

An act of the legislature legalizing a vote of a town renders such vote valid, 
although not confirmed by the town. Potter v. Canaan, 37 Conn. R., 222; Stuart v. 
Warren, 37 Conn. R., 225. 

A liberal and favorable construction should prevail to support the proceedings 
of towns, especially when no one is thereby injured or deprived of any right. Kellar 
v. Savage, 5 Shep. R., 444. 

(2) It is not necessary that towns in their votes raising money for the annual 
expenditures authorized by law should in all cases state a specific sum for each 
particular object. A vote to raise a certain sum for the expenditures of the current 
year is a legal vote. Tucker v. Aiken, 7 N. Hamp. R., 113. 

When bonds are issued, which are a town charge, to be paid by taxation, the 
electors at a town meeting, have the legal authority to vote taxes in advance, to 
meet their prompt payment, and how long in advance may be safely left to be 
determined by a vote of the electors of the town. Wright v. The People ex rel., 
87 Ill., R., 582. 

Where a town has voted a tax, but nothing has been done under the vote, the 
town has the power, at a subsequent meeting legally held, to rescind, or reconsider, 
the vote; and having done so, the collector cannot legally proceed to collect the 
tax. Stoddard v. Gilman, 22 Vt. R., 568. 

Where a town having authority to vote a tax for one year votes it for three 
or more years, the tax voted will be valid for one year. People v. Allen, 43 Ill. 


(3) Concerning tax for roads and bridges. See post, Div. title “Roads and 
Bridges.’’ 

(4) A town may vote a tax to defend a suit in which they are interested, 
whether directly for or against the town, or between third persons. Briggs v. 
Whipple, 6 Vt. R., 95. 




Art. IV.] CORPORATE POWERS—TOWN MEETINGS. 


59 


Third —For any other purpose required by law. 1 

Fourth —Por the purpose of building - or repairing bridges or 
causeways in any other town in the same county or in another 
county: Provided, That notice is given by posting notices describ- 
ing the location of the bridge or causeway, and the probable amount 
required therefor, in at least three public places, at least ten days 
before the meeting in the town in which the taxes are proposed to be 
levied: And provided, also, that the tax, when collected, shall be 
paid only on the joint order of the commissioners of highways of the 


(1) § 3 of Art. 4, Township law, which authorizes the electors in township meet¬ 
ing to raise money by taxation for certain specified purposes and “for any other 
purpose required by law,” does not authorize the levy of a tax “for town purposes.” 
It must appear that the purpose for which every tax was levied was a purpose 
authorized by law. 194 Ill. 51. 

The power to levy taxes for all township purposes authorized by law, is, by § 3, 

Art. 4, township organization law, expressly given to the electors in the annual 
township meeting. No such power is conferred on the board of township auditors, 
and none can be implied. 172 Ill. 416. 

The term “purposes required by law,” must doubtless be understood as including 
also those cases where an obligation on the town is necessarily implied; but in 
exercising this power the electors will be held to legitimate purposes, where the 
township is immediately interested or directly benefited. 40 Ill. R., 389. 

The proper authorities of townships shall annually on or before the second Tues¬ 
day in August, certify to the county clerk the several amounts which they severally 
require to be raised by taxation. Rev. law, § 122. 

The authority of the county clerk is the certificate of the township clerk, without 
which any attempt to extend such tax is illegal and void. But back of such certifi¬ 
cate there must be a levy of the tax by the proper authority [the electors in town¬ 
ship meeting,] for only from such levy can the township clerk obtain the amount 
to be certified. 141 Ill. 483. 


FORM OF CLERK’S CERTIFICATE OF TOWNSHIP TAX LEVY. 


State of Illinois,] 

County of -j- ss. 

- Township J 

To the County clerk of said county, greeting: 

I, A. B., clerk of said township, hereby certify, that in pursuance of 
authority given by section 3 of article 4, of the township organization law, 
the electors of said township, in Township Meeting assembled on the first 
Tuesday in April, A. D. 19—, elected to raise for the year A. D. 19—, by 
taxation on all the taxable property in said township, for the folowing pur¬ 
poses authorized by law, to-wit: 


For.the sum of $ 

For. the sum of $ 

For. the sum of $ 

For.,. the sum of $ 

Total .$ 


Making the aggregate sum of- dollars, ($-) as appears in the record 

of the proceedings of said Township Meeting now in my office in said town¬ 
ship. 

Given under my hand at - in said township, this-day of 

- A. D. 19—. 


(Signed.) A. B., Township Clerk. 
See section 4, article XII, page 105; also, Revenue Act, H 128, §122. 





















60 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


town in which the bridge or causeway to be built or repaired is sit¬ 
uated, and those of the town in which the tax is collected. (1) 

4. To provide for the institution, defense or disposition of 
suits at law or in equity, in all controversies between the town 
and any other town, or any individual or corporation, in which the 
town is interested. (2) 

(1) Where the law requires that notice shall be given of any special matter, 
to be brought before a town meeting, in order to authorize action thereon, a vote 
taken upon such matter without notice being given is a nullity. Brackett v. Whidden, 

3 N. Hamp. R., 17. But this rule does not apply to those current subjects which 
come before the annual town meeting as a matter of course pursuant to the general 
statutes. 

Where notice of any special subject to be brought before a town meeting is 
required to be inserted in the notice of the meeting, the phraseology employed by the 
clerk will be liberally construed for the purposes intended. Bull v. Warren, 36 
Conn. R., 83. 

In giving notice for levy of a tax for bridge purposes in another town, no defi¬ 
nite mode of proceeding being provided, it would seem proper to adopt the rule pre¬ 
scribed in other similar cases. A request may be made to the town clerk by any 
elector of the town to have the subject brought before the next annual town meet¬ 
ing; in which case the clerk may include the subject, as requested, in the notice 
of the town meeting, as in case of change of place of holding the town meeting. 
See Art. VI, § 5, post, p. 73. Or the notice for this purpose may be posted as a 
separate notice. The law does not prevent the town clerk from giving the notice 
even without a request; and when request is made, it may or may not be in writing. 

The following may be the form of the words to be inserted in the notice of the 
annual town meeting in the foregoing case: 

Notice is, also, hereby given that at said town meeting the following 
subject will be considered, to-wit: The raising of money by taxation, for 
the purpose of building [or as the case may be] a bridge in the town of 

—-, across a stream known as [name of stream], at the place where the 

highway crosses said stream, leading from - to -. The probable 

amount required therefor is - dollars. 

The act concerning roads and bridges provides that the treasurer of the com¬ 
missioners of highways shall receive and have charge of all moneys raised in 
the town for the support and maintenance of roads and bridges. See Div. II, post, 
“Roads and Bridges,” § 11. In view of this it would seem that the money collected 
for tax levied for bridge and causeway purposes in another town should be paid 
over to the treasurer of the commissioners of highways of the town wherein the tax 
is levied, as in other cases. 

The joint order of the commissioners of highways may be in the following form: 

Form of Joint Order of Commissioners of Highways. 

- County, ] 

Town of --—, \ SS ‘ 

To the treasurer of the commissioners of highways of said town: 

Pay to-, or order, the sum of-dollars on account of funds in 

your hands from tax levied and collected for bridge and causeway purposes 
in the town of -. 

Dated this - day of -, A. D. 19—. 

A. B., ] Corn’s of highways 
C. D., \ of 

E. F., j town of -. 

G. H., 1 Corn’s of highways 
T. J-, of 

L. M., J town of -. 

(2) Prosecution and defense of suits. It is held in New Hampshire that towns 
have a qualified interest in the roadways and bridges they have erected, and may 
maintain an action on the case for the destruction or obstruction of the road, or 
the conversion of the material. Town of Troy v. Cheshire R. R. Co., 3 Poster R., 83. 

Held in Massachusetts that it is competent for the inhabitants of a town to take 
upon themselves the expense of a suit against their agent or servant in which the 
interests of the town are directly involved. Where the servants of the town have 

















Art. TV.] CORPORATE POWERS—TOWN MEETINGS. 


61 


5. To prevent the introduction, growing or dissemination of 
Canada thistles or noxious weeds, and to allow rewards for their 
destruction, and to raise money therefor. * 1 

6. To offer premiums and to take such action as shall induce 
the planting and cultivating of trees along the highways in such 
towns, and to protect and preserve trees standing along or on 
highways. 

7. To make rules and regulations for ascertaining the suffi¬ 
ciency of all fences in such town, and to determine what shall be 
a lawful fence within the town, except as otherwise provided by 
law. 2 


8. To restrain, regulate or prohibit the running at large of 
cattle, horses, mules, asses, swine, sheep or goats, and to deter¬ 
mine the time and manner in which such animals may go at large 
unless the same are restrained from running at large in some 
manner provided by law. 3 


made mistakes which have rendered them liable at law, that it is legal and proper 
for the town to meet the expense. Babbitt et al. v. Savoy, 3 Cush. R., 530. 

No action lies against a town for an injury to persons or property occasioned by 
the suffering of a public highway to become out of repair, and in a ruinous and 
unsafe condition; and the electors at town meeting have no authority, and cannot, 
by a majority vote, bind the town by agreeing to pay to the owner his damages 
he has sustained by such injuries. The town could not be made liable for their 
neglect without some express statute to that effect. In most of the New England 
States such a statute exists. See Morey v. Newfane, 8 Barb. R., 645; also 17 Johns. 

R., 452; Bushnell v. Town of Steuben, 57 Ill. R., 35; Bussell, Admr., v. Town of Steu¬ 

ben, 57 Ill. R., 35; Town of Waltham v. Kemper, 55 Ill. R., 346. 

(1) On the subject of Canada thistles, see, also, post, subject “Canada Thistles.” 

(2) Concerning fences, see, also, Div. IV., title “Fences,” post. 

(3) Concerning animals running at large, see also, Div. X., title “Animals run¬ 

ning at large,” post. 

The rule of common law, which requires the owner of cattle, horses’ and other 
animals to keep them on his own land, was formerly not in force in Illinois. Seeley 
v. Peters, 5 Gilm. R., 130; Misner v. Lighthall, 13 Ill. R., 609. But by the law above 
referred to, the rule of the common law has been changed in this regard, and such 
animals are not allowed to run at large, except where permitted by a vote of the 
people, in pursuance of the law. It will be seen, by reference to the law above re¬ 
ferred to, post, Animals fl 8, § 1, that where counties vote to allow domestic animals 
to run at large, the towns of the county may, nevertheless, by vote, restrain such 
animals from running at large in the town so voting. 

A vote of a town to restrain cattle or other animals from going at large within 
the limits of the town is binding upon persons not inhabitants, whose animals are 
found going at large. Gilmore v. Holt, 4 Pick. R., 258; Ames et al. v. Carlton, 41 
Ill. R„ 262. 

Any by-law of a town declaring that all hogs should be kept up, only extends 
to prevent hogs from going at large on the highway; and it seems that a town has 
no power to prevent the inhabitants from allowing their own hogs and other animals 
to go at large upon their own lands. Shepard v. Hees, 12 John. R., 433. But the 
owner of animals running at large would be liable to the damage they may do. 

Towns may make by-laws or ordinances prohibiting cattle and other animals 
from running at large. The owner of animals running at large, contrary to such 
by-laws or ordinances, will be liable for trespass if his cattle go upon the land of 
others. A justice of the peace has jurisdiction in an action of trespass for damages 
in such cases. Thus, a suit was brought by A. against B. before a justice of the 
peace. The cause was taken to the Circuit Court by appeal and tried upon the 




62 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


9. To establish and maintain pounds at such places within 
the town as may be deemed necessary and convenient, and dis¬ 
continue any pounds therein. When any pound is erected, it 
shall be under the care and direction of a pound master. * 1 

10. To determine the number of pound masters, to prescribe 
their duties, and to elect pound masters, either by ballot or in 
such other manner as they may determine, or provide for their 
appointment. 

11. To authorize the distraining, impounding and sale of 
cattle, horses, mules, asses, swine, sheep or goats for penalties 
incurred and costs of the proceeding: Provided , that the sale of 
animals distrained or impounded shall be conducted, as near as 
may be, according to the law regulating sales of property by con¬ 
stables under execution: And provided y also , the owner of such 
animals shall have the right to redeem the same from the pur- 


following agreed state of facts: “The plaintiff is a resident of the town of Nevada, 
and the defendant is a resident of the town of Sunbury, lying adjoining in the same 
county. The defendant’s cattle were running at large in the town of Sunbury: and, 
while so running at large, crossed the town line into the town of Nevada, and did 
damage to the plaintiff’s crops to the amount of five dollars. The plaintiff’s crop 
was protected by no fence further than required by the ordinance hereinafter set 
forth. The town of Nevada had adopted the following ordinance or by-laws: 

The outside edge of cultivated lands shall be a good and lawful close or fence 
for all purposes in law. 

No cattle, horses, mules, asses, hogs or sheep, shall be permitted to run at large 
in the town of Nevada, in the county of Livingston, and State of Illinois. 

The court found for the plaintiff, and the cause was taken to the Supreme Court, 
and judgment affirmed. The court say, Lawrence, Justice: 

The statute authorizes every town to prohibit the running at large of cattle, 
horses, etc. This town did so. Under the operation of this ordinance, cattle run¬ 
ning at large were running in violation of law, and their entry upon the premises of 
a stranger was a trespass, as at common law. Justices have jurisdiction of the 

action of trespass to real estate, and would therefore have jurisdiction of an 

action brought to recover damages for injuries done by cattle illegally at large. 
The special remedy given by the ordinance is simply cumulative, and could not 
oust the justice of a general jurisdiction given him by the statute. The only ques¬ 
tion for him to decide was, whether the defendant’s cattle had illegally gone on the 
land of the plaintiff. If a trespass, the owner was liable for any damages done, 

and these damages could be recovered before any tribunal having jurisdiction of the 

parties and of the action of trespass. Judgment affirmed. Ames et al. v. Carlton, 
41, Ill. R., 262. 

Where an act concerning animals running at large provided for taking up by 
a householder, and that the same should be delivered up to the owner on payment of 
fees and charges. Held, that a party seeking to justify such taking up must show 
that he is a householder (see Elinger v. Boneau, 51 Ill. R., 94), and that the owner, 
before he can maintain replevin, must show both a demand for the animals and 
offer to pay the fees allowed for taking up, and charges for keeping the same 
as prescribed by the act. Holcomb v. Davis, 56 Ill, R., 413. 

(1) Location of pounds. It seems to be the policy of the law that pounds shall 
have a fixed and known locality. This is necessary, that all parties interested may 
take notice of where to apply in case of animals impounded. If no public pound has 
been erected by the town, it would be proper to designate any particular enclosure 
named, as a pound for the time being. In case neither course is adopted, it would 
no doubt be proper for the town by its by-laws to authorize a person to impound 
animals in his private enclosure, by giving immediate personal notice to the owner. 
Anthony v. Anthony, 6 Allen (Mass.) R., 418. 

Trespass will lie where a pound master allows impounded cattle to be driven 
away for pasture, or where there is unreasonable delay in complying with the law 
or regulations of the town. Cate v. Cate, 44 N. Hamp. R., 211; Harriman v. Fifield, 
36 Vt. R. 341. 




Art. IV.] CORPORATE POWERS—TOWN MEETINGS. 


63 


chaser thereof at any titne within three months from the date of 
the sale, by paying the amount of the purchaser’s bid, with 
reasonable costs for their keeping, and interest upon the amount 
bid, at the rate of ten per cent per annum. 1 


(1) A person distraining cattle running at large, contrary to the regulations 
of the town, must drive them to the pound in a reasonable time, considering the 
circumstances. As to what is a reasonable time is a fact to be determined in the 
trial. Mere delay in instituting proceedings in the case, does not make him a 
wrong doer from the beginning. Drew v. Spaulding, 45 N. Hamp. R., 472. 

A person at his father’s on a visit, impounded cattle found upon his father’s 
farm, with the approbation of his father, who sent a boy to help him: held, that the 
son’s act in impounding the cattle was, in legal effect, the act of his father. 

An impounder of cattle has a right to use the same force to maintain his pos¬ 
session of them that a sheriff has to protect his possession of property taken by him 
on legal process. A person who takes possesion of cattle for the purpose of impound¬ 
ing them, does not, by afterwards abandoning his design, become a trespasser ab 
initio, as to become liable fof force, which he used in defense of such possession 
before giving it up. Barrows v. Fassett, 36 Vt. R., 625. 

Trover lies for an animal wrongly impounded; and under the general issue the 
defendant may show that the animal was unlawfully at large. Drew v. Spaulding, 
45 N. Hamp. R., 472. 

When a statute provided for the impounding of animals found “wandering, stray¬ 
ing or lying” about the road; it was held that horses grazing on the side of a turn¬ 
pike, under the control of a man in charge of them, were not liable to be impounded 
under this provision. Morris v. Jeffries, Law Rep., 12 B., 291. 

Where an ordinance of a town prohibiting certain animals from running at 
large provided that any person, being the owner of or having the care of any such 
animal, who should suffer the same to run at large, should be subject to a penalty 
specified; in an action to recover the penalty for an alleged violation of the ordi¬ 
nance, the proof disclosed these facts; that the defendant lived on his farm outside 
of the limits of the town; that he had allowed the animals to run in a piece of 
woods near by, but that he watched and cared for them daily, and would have 
prevented them from straying into the town, on this the first instance, had he 
not been called away to the bedside of a dying brother. Held, that this evidence 
clearly exonerated the defendant from the charge of suffering his animals to run 
at large within the limits of the town; that to subject a person to the penalty under 
this ordinance, he must himself have participated in the act by suffering it to be 
done, which requires that he should have knowingly permitted his animals to run 
at large within the town, or have been guilty of such negligent conduct in enabling 
them to do so as would have been equivalent thereto. Town of Collinsville v. Scan- 
land, 58 Ill. R., 221. 

An ordinance of a town for distraining stock from running at large, provided, 
among other things, that if the owner failed to reclaim them within a certain 
time, “and pay all costs of impounding and the damages which the stock may have 
done—the damages to be assessed by three disinterested men, citizens of the 
town,” they should be sold to satisfy such costs and damages. Held, that the 
ordinance was unconstitutional and void; that the proceeding being one fof* damages, 
the owner was entitled to a trial by jury, the same as in any other case at law, 
and could not be deprived of such right. Bullock v. Geomble, 45 Ill. R., 218; Willis 
v. Segris, Id., 289. 

The law which gives to towns the power to restrain or prohibit the running at 
large of certain animals, and authorizes the distraining, impounding and sale of the 
same for penalties incurred, and the costs of the proceedings, does not give to towns 
the power to confer upon any of its officers authority to make sales for impounding 
animals, except upon the contingency that penalties have been incurred. A pro¬ 
ceeding to ascertain whether a penalty has been incurred, is one purely judicial 
in its character, and involves a power which cannot be exercised by the pound 
master by virtue of his office; nor can a town by its by-laws authorize him to sell 
property to satisfy a forfeiture for the violation of a law or ordinance, without a 
judicial ascertainment that there has been such violation. And a sale of property 
by the pound master, without a judicial ascertainment being first had, will not 
divest the owner of his title. Poppen v. Holmes, 44 Ill. R., 360; Willis v. Segris, 
45 Ill. R., 293; Cate v. Cate, 44 N. Hamp. R., 211. 

In the case of Poppen v. Holmes, 44 Ill. R., 360, the court say, Lawrence, J.: 

It will be observed that the power to make sales is given only for penalties in¬ 
curred and the costs of the proceedings, and a town cannot by its by-laws confer 
such authority upon its officers in any other contingency. But to ascertain whether 
a penalty has been incurred or not, is a proceeding purely judicial in its character, 
and that power cannot be exercised by the pound master by virtue of his office. 
The by-law may impose a reasonable penalty for the offense of allowing animals to 
min at large, may authorize the animals to be impounded, and may direct an In- 





r> 4 


TOWNSHIP ORGANIZATION ACT. 


[Div. 1. 


12. To construct and keep in repair public wells or other 
watering places, and regulate the use thereof. 

13. To prevent the deposit of night soil or other offensive 
substances within the limits of the town. 


quiry to be had before a magistrate as to whether the penalty has been incurred, 
with a right of trial by jury. If it has been incurred, the magistrate may be di¬ 
rected to enter judgment against the owner for the penalty and costs, and an order 
directing the pound master to sell the property. If the owner is known, he should 
receive personal notice, and if not known, there may be constructive notice to him, 
as the unknown owner of the impounded property, by posting, the property being 
described in the notices. A by-law thus framed would be free from objection; 
but one which authorizes the pound master to sell property without judicial ascer¬ 
tainment that some law has been violated, would confer upon the pound master a 
species of power never contemplated by the statute above quoted, to say nothing 
of constitutional objections to its exercise. See, also, Wilis v. Segris, 45 Ill. H-, 289. 

In the absence of any express provision of law prescribing the mode of pro¬ 
ceeding to establish the fact that a penalty has been incurred, the court, in the 
foregoing case, held that such mode of proceeding may be provided by the town 
by-laws, and the court points out particularly the provisions that may be made. 
The following form of by laws, and mode of proceeding concerning domestic ani¬ 
mals running at large, are given as being in accordance with the suggestions of the 
court in the foregoing case: 


Form of By-Laws Concerning Cattle and Other Animals Running at Large. 

The town of-, in the county of -, in the State of Illinois, by 

the electors thereof, duly assembled, do adopt the following by-laws: 

§ 1. No cattle, horses, mules, asses, swine, sheep or goats, shall here¬ 
after be permitted to run at large in the town of -, and it shall be 

unlawful for any animals of the species aforesaid to run at large in said 
town. 

§ 2. Any person owning any animals of the species aforesaid, who 
shall suffer or allow the same to run at large in said town, shall incur and 

be liable to a penalty of-dollars for each and every day he shall suffer 

or allow any of his -said animals to so run at large. 

§ 3. Whenever any animals named in the first section hereof are 
hereafter found running at large, it shall be the duty of the pound master 
• to cause them to be taken and placed in the public pound. And it shall be 
lawful for any person to take such animals to the pound, and cause them 
to be impounded. 

§ 4. Whenever any such animals are placed in the pound, it shall be 
the duty of the pound master to make complaint at once to some justice 
of the peace of the town, and apply for proceedings to adjudge against the 
owner the penalty incurred, stating the name of the owner, if known to 
him, and the number and kind of animals. If the owner is not known, 
then giving a description of the animals. 

§ 5. The justice shall thereupon issue a notice in writing to the 
owner of said animals stating the facts of impounding, and fixing therein 

a time not exceeding - days thereafter, when said complaint will be 

heard, which notice shall be served at least - days before the time of 

hearing the complaint. In case the owner is not known, then the notice 
shall describe the animals, and be posted by the pound master in five public 
places of the town, for - days before the time fixed for such hearing. 

§ 6. It shall be the duty of the pound master to attend before the 
justice at the time fixed for the hearing as aforesaid, and present the facts 
in the case. The cause shall be tried by a jury, unless waived by the 
owner, and shall be conducted as other causes of like nature are conducted 
before justices of the peace. If the owner is found guilty, the justice shall 












Art. IV.] CORPORATE POWERS—TOWN MEETINGS. 


65 


14. To make all such by-laws, rules and regulations as may 

be deemed necessary to carry into effect the powers herein 
granted, and to impose such fines as shall be deemed proper, ex¬ 


enter judgment against him for the penalty as herein prescribed, and costs, 
and shall enter an order directing the pound master to sell the property to 
make the fine and costs. 

§ 7. Whenever animals are impounded, it shall be the duty of the 
pound master to supply them with proper food and drink during the time 
they remain. The value thereof, with services for feeding, to be shown on 
trial, shall be allowed as costs against the owner. 

Under the foregoing form of by-laws the act of allowing any number of ani¬ 
mals to run at large for one day constitutes one offense. Each day will be a sepa¬ 
rate offense; for which separate action should be brought in prosecuting for penalties. 

The complaint to the justice, under the foregoing form of by-laws, need not be 
in writing. Such proceeding is not required to be in writing, unless when so expressly 
provided. 


Form of Notice by Justice to Owner of Animals Impounded. 

To A. B.: 

You are hereby notified that C. D., the pound master of the town of 

-, has this day complained to me that on this - day of -, 

A. D. 19—, three cows, of which you are the owner, were found by him run¬ 
ning at large in said town, at [state the place where], contrary to the by-laws of 
the town, as he alleges, whereby you have incurred the penalty prescribed. 
That he did thereupon cause said cows to be impounded in the public 
pound of the town [if there are more than one pound, state which the ani¬ 
mals are in], where they now remain, and that said complaint will be heard 

before me at my office, in said town, on the - day of - , A. D. 19—, 

at — o’clock — M. 

Witness my hand, this - day of -, A. D. 19—. 

E. F., • 

Justice of the Peace. 

The notice may be served by the pound master or any constable; but in case 
the defendant does not appear, proof of the service should be made before the justice 
by the person serving the notice, as in case of any other fact. 


Form of Notice by Justice, Where Owner of Impounded Animals Is Not 

Known. 

To whom it may concern: 

The unknown owners of the animals, hereinafter described, are hereby 

notified that C. D., the pound master of the town of -, has this day 

complained to me that on - day of -, A. D. 19—, three cows, one a 

brindle, and two of a deep red color, each about six years old, of which the 
owner is unknown, were found by him running at large in said town, as 
[state the place where], contrary to the by-laws of the town, as he alleges, 
whereby the owner has incurred the penalty prescribed. That he did there¬ 
upon cause said animals to be impounded in the public pound of said town 
[if there are several pounds, state which the animals are in], where they 
now remain, and that said complaint will be heard before me at my office, 
in said town, on the-day of-, A. D. 19 -■, at — o clock, — M. 

Witness my hand this - day of -, A. D. 19—. 

E. F, 

Justice of the Peace. 
















66 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


cept when a fine or penalty is already allowed by law: Provided , 
no fine or penalty shall exceed $50 for one offense. 

15. To apply all penalties, when collected, in such manner 
as may be deemed most to the interests of the town. [Laws 1861, 
p. 221, § 5; p. 222, § 6; Laws 1867, p. 173, § 3. 

Besides the foregoing powers, the electors may, in a general or a special town 
meeting, direct the disbursement or distribution of any surplus of any bond fund 
returned by the county on the cancellation of township bonds, as provided by the Act 
of March 29, 1889. [See this Act in Appendix.] The particular object for which such 
money may be expended must be determined by the electors of the township. [See 
U 150, fl 151, H 152, p. 115, post. 


Form of Docket Entry, on Hearing Complaint Against Owner of Impounded 

Animals. 

^County^of °^ S ’ | Before E. F., Justice of the Peace. 

The Town of-, 1 

vs. [ Complaint of C. D., pound master. 

A. B. J 

A. D. 19—, July 2, C. D., pound master, complains of A. B. for allow¬ 
ing three certain cows, of which said A. B. is the owner, to run at large, 

contrary to the by-laws of said town of -, which animals he did this 

day cause to be impounded. Notice is issued to said A. B. that said com¬ 
plaint will be heard July 5 , A. D. 19 — , at — o’clock, — M. Notice returned 
served on said A. B. at date, by pound master. 

Jidy 5, — o’clock, — E., pound master appears, and makes proof of due 
service of notice on defendant; said A. B. also appears; jury of twelve men 
summoned, and sworn to try the matter in issue. The allegations of the 
parties, and proofs, are heard. The jury find that the complaint herein is 

true, and assess a fine against said A. B. of - dollars. Judgment is 

therefore rendered against said A. B. for said sum of- dollars for said 

fine, and the costs herein taxed, at - dollars and - cents. And it 

is ordered that the pound master proceed and sell said animals impounded 
as aforesaid, to make the amount of said fine and costs, in accordance with 
the statute in such cases made and provided, unless the same shall be paid 
before the sale. 

. E. F„ 

Justice of the Peace. 

Pound master’s sale. The law regulating sales of property by constables under 
execution, provides that the constable “shall appoint a day and hour for the sale of 
said property, giving ten days’ previous notice of such sale, by advertisment in writ¬ 
ing to be posted up at three of the most public places in the county; and on the 
day so appointed, the said constable shall sell the property so levied on, or so much 
thereof as may be necessary to pay the debt, interest and costs, to the highest 
bidder.” The property should be sold by the pound master, in the town, at some 
convenient public place to be set forth in the notice of sale. The following may be 
the form of the notice of sale: 

Form of Pound Master's Notice of Sale. 

POUND master’s SALE. 

Notice is hereby given that the undersigned, pound master for the town 
of.-, in the county of -, and State of Illinois, by virtue of au¬ 
thority in him vested, will on the - day of-, A. D. 19—, at the 

hour of — o’clock — M., at [state place], in said town, offer for sale and 
sell to the highest bidder the following described animals, to-wit; [describe 
the animals particularly ], said animals having been duly distrained and im- 















Art. IV.] CORPORATE POWERS—TOWN MEETINGS. 


07 


45. Exception as to cities and villages.] § 4. In towns 
in which there are incorporated cities or villages, the boundaries 
of which are co-extensive with the limits of the town, or the town 
lies wholly within the limits of an incorporated city or village, the 
electors shall not exercise the several powers contained in sub¬ 
divisions of section 3 of this article, namely: 3, 5, 6, 7, 8, 9, 10, 
11, 12 and 13; but all moneys necessary to be raised in such towns 
for town expenses shall be ascertained by the county board, and 
the county clerk shall extend the amount so ascertained upon the 


pounded for a fine of - dollars, incurred in consequence of the same 

running at large in said town, contrary to the by-laws thereof. Said ani¬ 
mals will be sold as aforesaid, in satisfaction of said fine and costs of pro¬ 
ceedings. 

Dated this -- day of - , A. D. 19—. 


J. S. 

Pound Master. 


The pound master, in taking up animals and proceeding to sell them, must 
pursue the law and regulations of the town strictly, or the proceedings will be in¬ 
valid, and the purchaser, at his sale, will acquire no title to the property. Rex v. 
Crook, 1 Cowper R., 26; Clark v. Lewis, 35 Ill. R., 420. 

Under an ordinance of a town prohibiting the running at large of certain ani¬ 
mals, except at certain seasons of the year, and authorizing the impounding of the 
same, and their sale after giving notice, the pound master has no authority to act 
unless the animals are running at large, and at a time prohibited by the ordi¬ 
nance, and he will become a trespasser if he acts without authority. If he is 
sued for the property, he must prove that the animals were in that situation which 
the ordinance designated. The mere fact that he is an officer of the law is not suffi¬ 
cient; he must show that he acted lawfully. Nor can the purchaser, at a pound 
master’s sale, establish his title against the former owner by mere proof of the 
sale; he must establish its validity by showing the authority, which cannot be pre¬ 
sumed. Clark v. Lewis, 35 Ill. R., 418. 

Where the ordinance requires that not less than ten days’ notice shall be given 
before a sale of an impounded animal shall be made; this is an essential pre-re¬ 
quisite of such a sale, and can not be dispensed with by the officer. An abridgment 
of the time for the shortest period must avoid the sale. Nor can the sale be sus¬ 
tained where the pound master sells two animals belonging to different owners to¬ 
gether at the same bidding. They should be sold separately. Clark v. Lewis, 35 
Ill. R., 418. 

A by-law is a rule obligatory on a body of persons, or over a particular district, 
not being at variance with the general laws of the State, and being reasonable and 
adapted to the purposes of the corporation; and any rule or ordinance of 

permanent character which a corporation is empowered to make, either by the 
common or statute law, is a by-law. It is a rule made prospectively and to be 
applied whenever the circumstances arise for which it is intended to provide. A by¬ 
law cannot impose an oath, unless empowered to do so, for that is contrary to the 
common law. By-laws are binding upon all the inhabitants of the town; and every 
stranger, though merely coming within the limits of the town, is bound, at his 

peril, to take notice of all its by-laws, provided it is said the object of the by-laws 
be to suppress a general inconvenience of defeat fraud. Grant on Corporation, 76, 77. 

In an action to recover a penalty for violating a by-law or ordinance of a town, 
it must appear affirmatively that the act complained of occurred after the by-law 
or ordinance took effect. It would be error to render judgment, for the penalty with¬ 
out such proof. Debt is the proper form of action in such case. In bringing such 

action before a justice of the peace, which may be done where the amount does 
not exceed one hundred dollars, an affidavit or complaint in writing on which to 
base it is unnecessary. The action can be commenced in the same manner as an 
ordinary action of debt before a justice of the peace. The summons may be in 
the usual form of civil cases. A bond for costs, as in penal actions under the statute, 
is not necessary. Town of Jacksonville v. Black et al., 36 Ill. R., 507; Town of 
Lewiston v. Proctor, 23 Ill. R., 533. 

Ordinances of a municipal corporation are binding upon all the inhabitants 
therein, and have all the force and effect of laws. Jones v. Fireman’s Ins. Co., 2 
Daly (N. Y.) R., 307. 









G8 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


collectors’ books of such towns, and, when collected, the same 
shall be paid over to the town supervisors the same as in other 
towns, and the powers and provisions of all cities and villages 
under their organic law shall not be repealed by any of the pro¬ 
visions of this article. 

NOTICE OF BY-LAWS, ETC., TAKING EFFECT. 

46. § 5. It shall be the duty of the town clerk to cause all 
by-laws, rules and regulations of the town, within twenty days 
after their adoption, to be published, by posting in three public 
places in the town; also by causing the same to be inserted once in 
a newspaper published in the town, if any there shall be; but all 
such by-laws, rules and regulations shall take effect and be in 
force from the date of being adopted, unless otherwise directed 
by the electors of the town. [Laws 1861, p. 222, § 7. 

EFFECT OF CERTAIN CONVEYANCES. 

47. § 6. Every conveyance or lease of land made to any 
person or persons in any manner, for the use and benefit of a 
town or its inhabitants, shall have the same effect as if made to 
the town by its corporate name. [Laws 1861, p. 218, § 3. . 

HOW CONVEYANCES MADE. 

48. § 7. When any conveyance of real estate is made by a 
town, the deed shall recite the order of town meeting directing 
the same (which recital shall be prima facie evidence of the making 
and contents of such order), and the deed shall be signed by the 
supervisor, in his official capacity, and attested by the clerk of the 


An ordinance which appears by the records to have been passed, may be pre¬ 
sumed to have been passed by the full number of votes required, although the record 
does not affirmatively show that fact. Lexington v. Headly, 5 Bush. (Ky.) R., 508. 

In a proceeding to recover a penalty for violating an ordinance of a municipal 
corporation proof is necessary of the existence of the ordinance. Stevens v. Chicago, 
48 Ill. R., 498. To warrant a conviction for violation of an ordinance there must 
be proof that the act was committed within the limits of the town. See Taylor v. 
Americus, 39 Ga. R., 59. 

A penalty incurred under the by-law of a town made to prohibit horses from 
going at large, etc., may be enforced after the expiration of the period it was in¬ 
tended to regulate. Stevens v. Dimond, 6 N. Hamp. R., 330. 

A person upon whom a fine is imposed for violation of a town ordinance cannot 
be committed to prison or held by the officer, upon the mere verbal order of the 
magistrate. President and Trustees of Odell v. Schroeder et ux., 58 Ill. R., 353. 

It is erroneous to issue execution on a judgment against a municipal corpora¬ 
tion. Id. 

§ 82 of the school law of 1873, did not repeal so much of the township or¬ 
ganization law as authorized towns organized thereunder to appropriate to their own 
use penalties recovered in suits prosecuted by such towns for violation of their town 
by-laws, and that the fines and penalties which it was designed to appropriate to 
the school fund, were such as would otherwise accrue to the people of the State 
for the violation of a public statute. Opinion Att’y Gen. Edsall, March 23, 1873. 





Art. V.] 


LEGAL PROCEEDINGS. 


69 


town, unless the meeting shall have ordered that the same be 
made by some other officers or persons . 1 


ARTICLE V. 

LEGAL PROCEEDINGS IN FAVOR OF AND AGAINST A TOWN. 

49. How conducted—Service. 

50. In what name suits brought. 

51. Who competent as witnesses and jurors. 

52. Jurisdiction of justices. 

53. Petition of town lands. 

54. Costs—Judgments against towns. 

49. How conducted—Service.] §1. Whenever any contro¬ 
versy or cause of action shall exist between any towns of this 
State, or between any town and an individual or corporation, 
such proceedings may be had either at law or equity for the pur¬ 
pose of trying and finally settling such controversy, and may be 
conducted in the same manner, and the judgment or decree there- 


(1) Form of Deed of Conveyance by Town. 

This indenture, made this -day of-, A. D. 19— , between the 

rown of -, in the county of -, and State of Illinois, party of the 

first part, and C. D., of -, party of the second part, witnesseth : 

That, whereas, at the annual town meeting of said town of -, duly 

held on the -• day of-, A. D. 19— , at -, in said town, an 

order was made by said town meeting in the words following, to-wit: 

Ordered that [set forth the zvords of the order. The deed should also 
recite a compliance with the conditions of the order.] 

Now, therefore, the said party of the first part, in consideration of said 

sum of-dollars duly paid, the receipt whereof is hereby acknowledged, 

has remised, released, sold, conveyed and confirmed, and by these presents 
does remise, release, sell, convey and confirm unto the said party of the 

second part, - heirs and assigns forever, all the right, title, interest, 

claim and demand which the said party of the first part has in and to the 
following described lot, piece or parcel of land, situated in the county of 

-, and State of Illinois; [describe the premises] to have and to hold 

the same, together with all and singular the appurtenances and privileges 
thereunto belonging, or in anywise thereunto appertaining, and all the 
estate, right, title, interest and claim whatever, of the said party of the 
first part, either in law or equity, to the only proper use, benefit and behoof 

of the said party of the second part, -- heirs and assigns forever. 

In witness whereof, A. B., supervisor of said town of -, has here¬ 

unto set his hand in behalf of said town, and affixed a scroll hereto in the 
place of a seal, and this indenture is attested by the town clerk, the day 
and year first above written. 

A. B., [seal.] 

Attest: E. F„ Supervisor of the town of -. 

Town Clerk. 

Such deed should be acknowledged as other deeds of conveyance. 



















70 


TOWNSHIP ORGANIZATION ACT. 


IDiv. I 


in shall have the like effect as in other suits or proceedings of 
a similar kind between individuals and corporations. All process 
shall be served by leaving a copy of the writ or summons with 
the supervisor. 1 [Laws 1861, p. 234, § 1, 4. 

50. In what name suits brought.] § 2. In all such suits or 
proceedings, the town shall sue and be sued by its name, except 
where town officers shall be authorized by law to sue in their 
name of office for the benefit of the town. 2 [Laws 1861, p. 234, 
§ 2 . 

51. Who competent as witnesses and jurors.] § 3. On the 

trial of every action in which the town is a party or interested, 
the electors and inhabitants of such town shall be competent wit¬ 
nesses and jurors, except that in suits and proceedings by one 
town against another, no inhabitant of either town shall be a 
juror. [Laws 1861, p. 234, § 5; p. 230, § 2. 

52. Jurisdiction of justices.] § 4. Any action in favor of a 

town, which, if brought by an individual, could be prosecuted be- 


(1) Towns furnishing reasonable supplies to paupers belonging to other towns, 
may generally recover what they have bona fide paid. Southbridge v. Charlton, 15 
Mass. R., 248. 

An individual inhabitant of a town, being of course a party to a suit brought 
against the town, has the right to appear and defend such suit. Union v. Crawford, 
19 Conn. R., 331. 

The supervisor would seem to have authority to employ an attorney to conduct 
the defense of suits brought against the town, for whose services the town would 
be liable. Such was the construction of the law of 1861. Cooper et al. v. Delavan, 
61 Ill. R., 96. 

(2) Town officers, in bringing suits, should do so in their name of office without 
the addition of their individual names. Should town officers, such as commissioners 
of highways, sue in their individual names as such town officers, and their term of 
office expires pending the proceeding, the suit would abate, as these persons would 
no longer act in an official character, and hence could not further maintain the suit 
in that capacity. And it may be a serious question whether the suit could be re¬ 
vived in the names of their successors; and if it could, then the same difficulty 
would present itself in case their predcessors had actd willfully or maliciously, in 
rendering judgment, so as to hold them liable, as the successors could not be made 
personally responsible for the malice or neglect of their predecessors. A judgment 
against a person not then holding a town office would not bind the town. If against 
the successor of him who commitited the wrong he could urge that he did not 
omit the duty. Highway Comrs. of Rutland v. Highway Comrs. of Dayton, 60 Ill., 
R., 58. 

The town supervisor may defend a suit against a town, and prosecute an appeal, 
without a special authority from the town. Haner v. Polk, 6 Wis. R., 350. Town 
of Partridge v. Snyder, 78 Ill. R., 519. 

A town may bring an action in its own name, on a contract made for its 
benefit with an authorized agent. Garland v. Reynolds, 20 Maine R., 45. 

An agent of the town, to prosecute and defend suits only, has no authority to 
settle them; and for any promise made by him in compromise he is personally liable 
if the party act on the faith thereof. Clay v. Wright, 44 Vt. R., 538. 

The admissibility of the confessions of an agent to charge his principal, ap¬ 
plies to the officers and agents of a town. Burlington v. Calais, 1 Vt. R., 471. 

If a suit is brought in the corporate name of the township, it is not necessary 
to allege in the declaration that the township has been incorporated. Morris v. 
Trustees of Schools, 15 Ill. R., 266, 






Art. VI.] 


TOWN MEETING. 


71 


fore a justice of the peace, may be prosecuted by the town in like 
manner before any such justice. 1 [Laws 1861, p. 234, § 6. 

53. Partition of town lands.] § 5. Whenever by any de¬ 
cree or decision in any suit or proceeding brought to settle any 
controversy in relation to town commons, or other lands, the 
common property of a town, or for the partition thereof, the 
right of any town shall be settled and confirmed, the court in 
which such proceedings shall be had may partition such lands 
according to the rights of the parties. [Laws 1861, p. 235, § 8. 

54. Costs—Judgment against town.] § 6. In all suits or 
proceedings prosecuted by or against town officers, in their name 
of office, costs shall be recovered as in like cases between indi¬ 
viduals. Judgments recovered against a town or against town 
officers, in actions prosecuted by or against them, in their name 
of office, shall be a town charge, and when collected, shall be 
paid to the person or persons to whom the same shall have been 
adjudged. 2 [Laws 1861, p. 235, §9. 

ARTICLE VI. 

TOWN MEETING—JUDGES OF ELECTION. 


55. Time of holding meeting. 

56. Notice. 

57. Election precinct. 

58. Place of meeting. 

59. Change of place of meeting. 

60. Ex-officio judges of election. 

SPECIAL TOWN MEETING. 

61. When called. 

62. Notice. 

63. Form of notice— Restriction. 

64. Powers of special meeting. 

(1) Filling vacancies. 

'(2)Raising money for highways, etc. 

(3) Unfinished business. 

55. Time of holding meeting.] § 1. The annual town 
meeting, in the respective towns, for the election of town officers, 


(1) A town may appeal from the judgment of a justice of the peace. The 
appeal bond should be executed by the supervisor of the town. Gardiner v. Town of 
Chambersburg, 12 Ill. R., 99. Town of Partridge v. Snyder, 78 Ill. R., 519. 

The bond in case of appeal by a town should be in the form prescribed by the 
statute. See Haines’ Treatise, Title, “Appeal and Certiorari,” commencing thus, 
“Know all men by these presents, that we the town of (name of town) and (name of 
security)concluding thus. “Witness the hand and seal of A. B., supervisor of 

said town of-, this - day of-, A. D. 19-.” The supervisor should sign 

his name to the bond, adding his title of office—supervisor—and affix his seal as in 
case of an individual. 

(2) When a town agent employs an attorney in a suit in favor of or against 
the town, the town is legally holden to pay the attorney’s services, without an 





72 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


and the transaction of the business of the town, shall be held on 
the first Tuesday of April in each year, at the place appointed for 
such meetings. * 1 [Laws 1861, p. 220, § 1. 

56. Notice.] § 2. Notice of the time and place of holding 
town meetings shall be given by the town clerk, or, in his ab¬ 
sence, the supervisor, assessor or collector, by posting written or 
printed notices in three of the most public places in the town, at 
least ten days prior to the meeting, and if there is a newspaper 
published in the town, by at least one publication therein, prior 
to the meeting. 2 [Laws 1861, p. 220, § 1. 

57. Election precinct.] § 3. Each town shall, for the pur¬ 
poses of town meetings, constitute an election precinct. [Laws 
1861, p. 265, § 1. 


express vote to that effect; and the rule is the same, if the town agent being himself 
an attorney, renders professional services for the town. Langdon v. Castleton, 20 
Vt. R., 285. 

(1) The Constitution declares that “the day of holding the annual township 
meeting shall be uniform throughout the State.” Const., Art. X, § 5. 

The township elections held in April are not general elections, within the mean¬ 
ing of § 5, Art. 10 of the Constitution. The People ex rel. v. Couchman, 15 UL 
R., 142. Opinion Atty. Gen. Edsall, Feb. 11, 1873. 

(2) Form of Notice of Annual Township Meeting and Election. 

The election of township officers being no longer a matter incident to the 
township meeting, but a distinct proceeding to be conducted in the manner of 
general elections, it is essential that notice should be given of each. This 
may be done in a single notice substantially in the following form: 

ANNUAL TOWNSHIP MEETING AND ELECTION. 

NOTICE is hereby given to the legal voters, residents of the Township 
of.County of., Illinois, that the annual town¬ 

ship meeting and election of officers of said township will take place Tuesday, 
the.day of April proximo, being the first Tuesday in said month. 

THE ELECTION will begin at the hour of 7 A. M. and close at 5 P. M. 
in the places designated as follows: 

Precinct No. 1. 

Precinct No. 2. 

[and so on, if the township contain more than two precincts.] 

The officers to be elected are: 

One supervisor, . Assistant Supervisor, One Township Clerk, One 

Assessor, One Collector, One Commissioner of Highways, in Highway Dis¬ 
trict No. ..., . Justices of the Peace, . Constables and . 

School Trustees. 

And the electors will also vote to decide the following public question: 
Shall [state the question ]. 

THE TOWN MEETING will open in . at the hour of 2 

P. M., and after choosing a Moderator will proceed to hear and consider 
reports of officers, to appropriate money to defray the necessary expenses 












Art. VI.] 


TOWN MEETING. 


73 


58. Place of meeting.] §4. The place of holding elections 
shall be some convenient place in the town, to be fixed by the 
electors, at their annual town meetings. [Laws 1861, p. 265, § 1. 

59. Change of place of meeting.] § 5. Whenever it is de¬ 
sired to change the place of holding town meetings, and any 
twenty-five electors shall, before the time of giving notice of an 
annual town meeting, file with the town clerk a request in writ¬ 
ing that a change be made, designating the place to which the 
change is desired, a notice of such request shall be included in 
the notices of such meeting, and the electors may vote for or 
against such proposition. The ballots for the proposed change 
shall read: “For changing the place of holding town meetings 
to (name of place proposed those against shall read: “Against 
changing the place of holding town meetings;” and if a majority 
of all the votes cast for and against such change shall be in favor 


of the township, and to deliberate and decide on such measures as may, in 
pursuance of law, come before the meeting. 

And especially to consider a proposition to [state the special proposition, 
if any ]. 

Given under my hand this . day of . , A. D. 

.Township Clerk. 

The time of calling the town meeting to order in the morning is prescribed by 
this Act, Art. VII, § 2, but no hour for closing is specified. The consideration of mis¬ 
cellaneous business continues until concluded. See Art. VIII, § 7. This act provides, 
however, that the general laws of the State in regard to elections, etc., shall apply to 
all elections to be held under this Act, Art. VII, § 8. This would seem to govern 
so far as the closing of the polls of the election at the town meeting is concerned. It 
is provided by the election law that the polls at elections shall continue open until 
seven o’clock in the afternoon. See post, “Elections,” § 48. 

Houses of public worship are, ordinarily, and prima facie, to be regarded as 
public places for posting notices of the call of a town meeting for assessing taxes. 
Scammon v. Scammon, 28 N. Hamp. (8 Fost.,) R., 419. 

All that the law requires is that notice of the time and place of the town 
meeting shall be given. The notice need not be addressed to any one. Baldwin v. 
North Bradford, 32 Conn. R., 47. 

The law requiring notice of the annual town meeting to be given is directory. 
The law fixes the time,- and the place is fixed by the county board, of which every one 
is bound to take notice; therefore a failure to give the notice, as directed by the 
law, will not invalidate the meeting. 6 Hill R., 646; 3 Denio R., 526. See Angell & 
Ames on Corp., § 488. People v. Peck, 11 Wend. R., 694. 

Where the law requires notice of an election to be given, and the law itself does 
not fix the time and place of the same, but leaves that to be fixed in the notice of 
election, such notice given in substantial compliance with the law is essential to 
the validity of the election. Cooley on Const. Limitations, 602 and notes; State v. 
Young, 4 Iowa R., 561. But when both the time and place of the election and the 
officers to be elected are prescribed by law, the validity of the election will be sus¬ 
tained, although the notice prescribed by law was not given. Ibid. See also. People 
v. Cowles, 13 New York R.; People v. Jones, 19 Iowa R.; People v. Hartwell, 12 
Mich. R., 508; Opinion Atty. Genl. Edsall, March 11, 1878. 

At the first town meeting in new towns, three commissioners of highways are 
to be elected, whose term of office is to be decided by lot. See Art. 1, § 16, ante, p. 38. 

In giving public notice, in the computation of time, the rule is, when an act 
is to be performed within a particular period, or on a particular day, from and 
after a certain day, to exclude the day named and include the day on which the act 
is to be done; or more concisely stated, it is to count one day in and the other 
out. Thus, in giving ten days’ notice of an election or event to take place on the 
10th of the month, the notice must be given or posted on the last day of the 
preceding month, in order to give ten days’ notice. Ewing v. Bailey, - Scam. R., 
420; Hall v. Jones, 28 Ill. R., 55; Harper et al, v. Ely et al., 56 Ill. R., 179. 









74 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


of changing to the place designated, the place shall be so 
changed. 1 

60. Ex-officio judges of elections.] § 6. The supervisor, 

assessor and collector of the town shall be ex officio judges of all 
elections in their town, except as other (wise) provided by law. 
[Laws 1861, p. 265, § 1. 

SPECIAL TOWN MEETINGS. 

61. When called.] § 7. Special town meetings shall be 
held, when the supervisor, town clerk and a justice of the peace, 
or any two of said officers, together with at least fifteen voters of 
the town, shall file in the office of the town clerk a statement, in 
writing, that a special meeting is necessary for the interests of 
the town, and setting forth the objects of the meeting. 2 [Laws 
1861, p. 222, § 8. 


(1) Request by Tiventy-live Electors for Change of Place of Town Meetings. 

To the Town Clerk of the town of - : 

The undersigned, twenty-five electors of said town of -, do request 

that a change be made in the place of holding the town meetings of said 
town, to [set forth the place to which the change is desired]. 

Dated this-day of -, A. D. 19 — . 

Notice of Request to Be Included in the Notice of Town Meeting. 

To vote on the question of changing the place of holding town meetings, 
to [set forth the place to which the change is desired, as in the request ], a 
request for that purpose, by twenty-five electors, having been duly filed with 
the Town Clerk. 

(2) Form of Statement to Be Filed in the Office of Town Clerk for Special 

Town Meeting. 

The undersigned, town officers and fifteen voters of the town of_, 

in the county of -, do state that a special town meeting is necessary 

for the interest of said town for the purpose of [here set forth the object of 
the meeting ]. 

We would therefore request that immediate notice be given thereof, and 
that such meeting be held on the day-of -, A. D. 19—. 

Witness our hands this- day of-, A. D. 19— . 

L. B., Supervisor. 

S. W. M., Town Clerk. 

C. S., Justice of the Peace. 

[Names of fifteen voters] of the Town. 

It ia not necessary that the statement for a special town meeting, should be 
addressed to any person. The statute does not require it. Baldwin v. North Brad¬ 
ford, 32 Conn. R., 47. 

In the statement for a special town meeting it is only necessary to set forth the 
objects with such reasonable certainty as will notify all interested of the objects 
for which the meeting is called, and the time and place of meeting. Alger v. 
Curry, 40 Vt. R., 437. 

As to who are voters of the town, and qualified to join in the statement for a 
special town meeting, is a question which the town clerk may determine. His 
decision that they are voters is conclusive for purposes of the town meeting. State 
v. Town of Lime, 23 Minn. R., 522, 














Art. VI.] 


TOWN MEETING. 


75 


62. Notice.] § 8. Notice of such special town meeting 
shall be given in the same manner and for the same length of time 
as other town meetings. 1 [Laws 1861, p. 222, § 8. 

63. Form of notice—Restriction.] § 9. The notice shall set 
forth the object of the meeting, as contained in the statement 
filed with the town clerk, and no business shall be done at a 
special meeting except such as is embraced in such statement and 
notice. [Laws 1861, p. 222, § 8; p. 223, § 9. 


To render a special town meeting legal, it should appear that a statement, as re¬ 
quired by law, that the meeting was necessary, was filed in the office of the town 
clerk. The record of a special town meeting, reciting the filing of the proper state¬ 
ment, would be sufficient prima facie to show such fact. Brown v. Witham, 51 Maine 
R., 29; Lemington v. Blodgett, 37 Ill. R., 210. 

“A town meeting, either annual or special, should be held at the place ap¬ 
pointed In the notice for the holding thereof, and should not be held at several 
different places in the town upon the same day.” Frantz v. Patterson, et al., 123 
Ill. Appel. Court 13. 

“A town meeting, either annual or special, is an assemblage of the electors of 
the town at the place appointed, for the holding of such town meeting, and may 
not be held at several different places in the town upon the same day.” C. & E. I. 
R. R. Co. v. The People, 206 Ill. 296. 

(1) Form of Notice for Holding Special Town Meeting. 

SPECIAL TOWN MEETING. 

Whereas, the supervisor, town clerk, and a justice of the peace [or as the 

case may be], together with fifteen voters of the town of -, have, in 

writing, filed in my office a statement that a special town meeting is neces¬ 
sary for the interest of said town, setting forth the object of the meeting. 

The legal voters and electors of the said town of - are therefore 

hereby notified that a special town meeting will be held at -, on the 

- day of- , A. D. 19 — , to commence at 

for the purposes following, to-wit: 

To [here enumerate specifically, in proper order, the subjects to be acted 
upon as contained in the statement filed]. 

Being the objects contained in the said statement filed in my office. 

Given under my hand at -, this - day of-, A. D. 19—. 

S. W. M., Town Clerk. 


The town clerk, in giving notice of a special town meeting, performs a mere 
ministeral duty, and the electors cannot be limited in their action at the meeting 
by the phraseology of the notice, provided the statement of the objects for which 
the meeting is called is substantially correct. Ball v. Warren, 36 Conn. R., 83. 

The presumption is, that the number of a notices required by law have been duly 
posted. State v. Town of Lime, 23 Minn. R., 521. 

It is no objection to the legality of a town meeting, that the notices therefor 
were not posted in the places where such notices had usually been posted in the 
town, it not appearing but that they were posted in public places, as required by 
the statute. Stoddard v. Gilman, 22 Vt. R., 56S. 


Form of Resolution Postponing Subject for Special Town Meeting. 

Resolved, That the subject of [state the subject briefly] being under con¬ 
sideration at this the annual town meeting, A. D. 19—, for the town of-, 

and there not being time to consider the same, it is postponed, to be con¬ 
sidered at a future special town meeting that may be called for that purpose. 















76 


TOWNSHIP ORGANIZATION ACT. 


LDiv. I. 


64. Powers cf special meeting.] § 10. The electors at 
special town meetings, when convened, shall have power: 1 

1. To fill vacancies in the offices of town officers, when the 
same shall not have already been filled by appointment. 

2. To provide for raising money for repairing highways, or 
building or repairing bridges, in cases of emergency, and to 
direct the building and repairing thereof. 

3. To act upon any subject within the powers of the 
electors at any annual town meeting, which may have been post¬ 
poned for want of time at the preceding annual town meeting, 
to be considered at a future town meeting. [Laws 1861, p. 
223, § 9. 


(1) Special town meetings have no jurisdiction to act upon any subject not 
specially conferred upon such meetings by law. The powers conferred upon the 
electors at the annual town meeting cannot be extended by implication to special 
town meetings. People v. Works, 7 Wend. R., 486. By the statute of New York, 
special town meetings have power to supply vacancies in certain cases; to raise 
moneys for the support of common schools, or the poor, when those subjects were 
not acted upon at the annual town meeting; and to deliberate in regard to suits for 
or against the town, and to raise moneys therefor. And it is decided that they 
have no other power. See same case before cited. This decision will apply to the 
statute of Illinois. It will be observed, however, that special town meetings have 
authoi'ity to apt upon any subject within the powers of the electors at the annual 
town meeting where the subject was postponed for the consideration of a special 
meeting. When it is desired to postpone the consideration of any subject to a 
subsequent special town meeting, the proposition should be reduced to writing in the 
form of a resolution or order, and being adopted by the meeting, should be recorded 
by the clerk upon the minutes of the proceedings of the meeting, that in case of 
controversy it may be shown with certainty what subjects were postponed or laid 
over. Such resolution may be in the following form: 

A town meeting specially called to vote a tax for a given purpose is not author¬ 
ized to act upon any subject beyond a vote upon such tax. Atwood v. Lincoln, 44 
Vt. R., 332. 

Special town meetings may be held to vote on the question of borrowing money 
to build bridges. See Div. II, “Roads and Bridges,” § 20, post. 

Special town meetings may be called to fill vacancies in town offices, where the 
same have not been filled by appointment; but if the vacancy has been filled by 
appointment, it cannot be filled by special election. Township Organization Laws, 
Art. IV., § 9; Opinion Attorney General Edsall, May 23, 1873, citing People v. Van 
House, 18 Wend. R., 515. 

The inhabitants of a town cannot avoid being bound by their vote, at a meeting 
legally called, by proof that the vote was passed near the close of the meeting, 
and after a portion of the voters had retired. Bean v. Jay, 23 Maine R., 117. 

“The town meeting, either general or special, contemplated by the statute, is 
a meeting which may be attended by all the electors of the town at which they 
may transact business pertaining to the affairs of the town, including the levy 
of taxes. This tax was not voted at any such meeting, but instead, the propriety of 
levying tax the tax was submitted at a special election, held in the town of George¬ 
town, polls being open and ballots received in each of the four voting precincts in 
that town, as in any other election. No meeting at all was held which could have 
been attended by all the voters of that town. The statute does not provide for the 
levy of taxes in pursuance of a vote of the electors of the town taken at a special 
election. This tax could have been imposed by the electors, either at a general or 
special town meeting, but its levy could not be authorized at a special election. 
The objection to the $9,000 tax should therefore have been sustained.” C C. C. & 
St. L. Ry. Co. v. The People, 205 Ill., 585. 

“A tax which may be levied by vote of the electors at a regular or special town 
meeting cannot be authorized by the vote of the electors at a special election held 
for that purpose in the various precincts of the town.” C. C. C. & St L. Rv Co v 
The People, 205 Ill., 582. 

“The tax for building or repairing bridges in case of an emergency authorized 
by S 10 of Art. 6 of the Township Organization Act to be levied by the vote of 
the electors in special town meeting cannot be authorized by the vote of the electors 
at a special election, upon such question held in the various precincts of the town ” 
C. & E. I. R, R. Co. v. The People, 206 Ill., 296, 




Art. VII.J 


MODE OF CONDUCTING ELECTIONS. 


77 


ARTICLE VII. 

TOWN OFFICERS ELECTED BY BALLOT—MODE OF CONDUCT¬ 
ING ELECTIONS FOR TOWN OFFICERS. 

65. Election of officers. 

66. Term of office of town clerk, assessor and collector. 

67. Repeal. 

68. Trustees of school. 

69. Organizing town meeting—Moderator. 

70. Powers of moderator. 

71. Oath of moderator. 

72. Clerk— Minutes. 

73. Clerk pro-tem. 

74. Ballot boxes—Polling places—Canvass—Town meetings. 

75. General election laws to apply. 

76. Recess. 

77. Result of election. 

78. Tie vote. 

79. Persons elected notified. 

80. List of town officers filed with county clerk. 

65. Election of officers.] § 1. Be it enacted by the People 
of the State of Illinois represented in the General Assembly: That 
Section 1 of Article 7 of “An Act to revise the law in relation to 
township organizations,” approved and in force March 4, 1874, 
as amended by Act approved June 15, 1887, in force July 1, 1887, 


Where the representation of any town in the county board was less under 
any special act than the representation provided by the law of 1874, the special Act 
is by that law expressly superceded and made to cease to operate, and it matters not that 
the exclusive representation of a city which is a part of a town, is less by the act 
of 1874 than under the special act, or be taken away entirely, so that of the town 
in which the city is situated be increased. Allen v. The People ex rel., 84 Ill. R., 502. 

The number of commissioners of highways of a town is three. The term of 
office is three years. At the first town meeting three commissioners are elected, 
and the term of office of each is agreed upon by lot, so that one expires every year, 
and thereby there is one commissioner to be elected at every annual town meeting. 
See ante p. 38, Art. 1, § 16. 

If a town fails or neglects to elect the number of justices or constables to which 
it would be entitled under the law, and should elect a less number, having had a full 
number for the preceding term, this would oust all those of the previous term; 
neither could hold over on the ground that no one had been elected in his place. 
People v. Jones, 17 Wend. R., 81. 

Whether a person can hold more than one town office at the same time is a 
question frequently raised. In the absence of any express prohibition by the statute, 
one person could hold such offices at the same time as are not incompatible with each 
other. At common law the only offices incompatible with each other were such as 
were subordinate and interfering, as where one was judicial, and the other min¬ 
isterial, and the latter was directly subordinate to the former. Citing Bouv. Law 
Diet., 4 Sergt & Rawle; Opin. Att’y Gen’l Cole (Minn.), Vol. 1 p. 260. 

The acceptance of a second office incompatible with the first, vacates the first 
office. People v. Carrique, 2 Hill. R., 93. 

Although a majority of the electors of a town may not attend and vote at a 
town meeting, yet persons receiving a majority of the votes of those that attend, 
for offices, will be legally elected. Opin. Att’y Gen’l Coe (Minn.), Vol. 1, p. 296. And 
although a town meeting may be invalid by reason of irregularity, yet the town 
officers elected at such meeting are officers de facto, and as such their acts are 
binding on the town. Cushing v. Frankfort, 57 Maine R., 541. 






78 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


be amended so as to read as follows: At the annual town meet¬ 
ing in each town, there shall be elected by ballot, one supervisor 
(who shall be ex-officio overseer of the poor;, one town clerk, 
one assessor and one collector, who shall severally hold their 
offices for one year, and until their successors are elected and 
qualified, and such justices of the peace, constables and high¬ 
way commissioners as are provided by law: Provided , That in 
any town or city not included within the limits of any town 
(except in Cook county) having four thousand inhabitants, there 
shall be elected one additional supervisor, to be styled assistant 
supervisor; in towns having six thousand five hundred inhabi¬ 
tants, there shall be elected two assistant supervisors; and so 
for every additional twenty-five hundred inhabitants, there shall 
be elected one additional supervisor—the population of towns 
to be ascertained by the last federal or state census preceding 
the election. [As amended by Act approved May 10, 1901. In 
force July 1, 1901. Laws 1901, p. 313. 


TOWN OFFICERS—BIENNIAL ELECTIONS. 

AN ACT to provide for the* election of town clerks, township assessors and 
township collectors in counties under township organization and to fix 
their term of office. [Approved June 14, 1909. In force July 1 , 1909. 
Laws 1909, p. 470.] 

66. Term of office of clerk, assessor and collector.] § 1 

Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: That the town clerks, township as¬ 
sessors and township collectors elected at the annual town meetings 
in their respective towns in the counties now under township 
organization, on the first Tuesday of April, 1910, and every two 
years thereafter and in counties which may hereafter adopt town¬ 
ship organization, shall hold their offices for two years, and un¬ 
til their successors are elected and qualified, and the term of said 
office is fixed at two years. 

67. Repeal.] §2. All Acts or parts of Acts inconsistent 
with the provisions of this Act are hereby repealed. 


68. Trustees of schools.] In counties adopting township 
organization, in each and every township whose boundaries coin¬ 
cide and are identical with those of the town, as established under 
the township organization laws, the trustee or trustees shall 
be elected at the same time and in the same manner as the 
town officers. In all such townships, if no trustees are elected 
at the stated town meeting, and when vacancies occur in the 
board, an election of trustee or trustees shall be ordered by the 





Art. VII.] 


MODE OF CONDUCTING ELECTIONS. 


70 


remaining trustee or trustees of schools, through the township 
treasurer, as provided in section nine (9) of this article. [School 
Act, Revised Stat. chap. 122, Art. Ill, § 19. 

69. Organizing town meeting—moderator.] § 2. The 

electors present at any time between the hours of eight and 
nine o’clock in the forenoon of the day on which there is an 
annual or special town meeting, shall be called to order by the 
town clerk, if there be one; in case there be none, or he is not 
present, then the voters may elect, by acclamation, one of their 
number chairman. They shall then proceed to choose one of 
their number to preside as moderator of such town meeting. 1 [Laws 
1861, p. 223, § 1. 

70. Powers of moderator.] § 3. The moderator so chosen 
shall have the same power and be subjected to the same penalties 
as other judges of election. 2 

71. Oath of moderator.] § 4. Before the moderator of any 
town meeting shall enter upon the duties of his office, he shall 
take an oath faithfully and impartially to discharge the duties of 
such office—which oath may be administered by the town clerk, 
or other proper officer. 3 [Laws 1861, p. 223, §2. 


(1) The hour fixed by the statute for the opening 1 of the annual town meeting is 
2 p. m. ‘‘At such meeting, a moderator shall be chosen to preside, by the electors 
present, and the township clerk shall act as clerk of said meeting and keep a record 
of the proceedings thereof.” See If 64, p. 80, post. The hour 2 p. m. having arrived, 
it Is the duty of the township clerk to call the meeting to order and take the chair 
as temporary president and conduct the proceeding of choosing the moderator. In 
case the clerk should be absent, any elector present may call the meeting to order 
and move that A. B. act as chairman to conduct that proceeding. Whether a town 
meeting may, for sufficient reason, adjourn from the place appointed to a more 
convenient place is a question that has not been raised since the transfer of the 
authority to fix the place from the township electorate to the county board. But, on 
the general principle that a legislative body is the judge of its own organic necessi¬ 
ties, doubtless such action may be taken after the meeting has been duly organized, 
and sufficient time given for the arrival and full expression of a quorum of the 
electorate. To render such adjournment to another place legal and binding on the 
township, ample notice should be posted on the door of {he hall where the organiza¬ 
tion was effected, so that any electors arriving after the adjournment may know 
whither to proceed. But there seems to be no authority for an adjournment to 
another day. 

(2) As the law now is, the moderator is not a judge of the election, but chair¬ 
man or “speaker”’ of the town meeting. (See Art. VIII, “Mode of conducting town 
meetings”—note.) In the early practice of New England, no one could speak without 
his permission, and he could impose fines for disorderly behavior and compel refractory 
persons to withdraw. These powers still pertain to the office. (See if 88, post.) As 
the town officers where chosen viva voce by the electors in public assembly, he was 
the real judge of the election. This function of the moderator was preserved after 
the introduction of the ballot system by the requirement that, when the voting 
closed, all the ballot boxes should be brought from the several precincts to the place 
where the ‘‘miscellaneous business” of the town was transacted. All the votes were 
there counted and the moderator officiated as president of the canvassing board. But 
the statute of 1889 (H 74, § 7, on the following page), constituting the inspectors 
in each precinct a canvassing board for the precinct, has divested the moderator 
of the character and faculty of an inspector or judge of the election, leaving 
to him only the function of president of the township (legislative) assembly. 

( 3 ) Form of Oath of Moderator of Town Meeting. 

I do solemnly swear I or affirm, as the case may be], that I will support 
the Constitution of the United States, and the Constitution of the State of 





80 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


72. Clerk—-Minutes.] . § 5. The town clerk last before 
elected or appointed, shall be the clerk of the town meeting, and 
shall keep faithful minutes of its proceedings, in which he shall 
enter, at length, every order or direction, and all rules and regu¬ 
lations made by such meeting. [Laws 1861, p. 223, §3. 

73. Clerk pro tem.] § 6. If the town clerk be absent, then 
such person as shall be chosen for that purpose by the electors 
present, shall act as clerk of the meeting. [Laws 1861, p. 224, § 4. 

74. Ballot boxes—Polling places—Canvass of votes.] § 7. 
The town shall supply a suitable ballot box or boxes, to be kept 
and used in like manner as ballot boxes in other elections. In 
incorporated towns or incorporated villages whose limits are co¬ 
extensive with the limits of a town, or in any organized town 
where the number of voters at the last preceding general elec¬ 
tion exceeded four hundred and fifty, the county board may require 
one or more additional ballot boxes and places for the reception 
of votes to be provided, which places shall be selected with 
reference to the convenience of the electors of the town, and the 
county board, in such cases, shall designate at which of said poll¬ 
ing places the miscellaneous business of the town shall be 
transacted, and shall appoint three persons in each precinct to 
serve as judges of election: Provided , however , that in towns 
which lie wholly within the limits of an incorporated city and in 
any town whose territorial limits are co-extensive with the ter¬ 
ritorial limits of any incorporated city, village or incorporated 
town, the common council of such city, or the board of trustees 
of such incorporated village or town shall divide such towns into 
election precincts, and designate the voting place in each precinct, 
and appoint three judges of election for each precinct, who may 
be the same persons as are appointed as judges of election for 
city, town or village officers, held on the same day; and shall 
also designate the place where the miscellaneous business of the 
town shall be transacted. In such towns, it shall be lawful to print 
or write the names of candidates for city and township officers, 


Illinois, and that I will faithfully and impartially discharge the duties of the 
office of moderator at this town meeting, according to the best of my ability. 

The foregoing form of oath of moderator comprises the form prescribed by the 
Constitution for official oaths in all cases, with the addition of the words “and 
impartially,” as required by the above section. If the position of moderator is an 
office, these words are unnecessary. See Const., Art. 5, § 25. 

The clerk should make a record upon the minutes of the meeting of the fact that 
the moderator was duly sworn before entering upon the duties of his office. 

Where, in pursuance of law, an oath of office is administered in open town 
meeting, in presence of the town clerk, the clerk’s record of the fact is competent 
evidence of the administration of the oath. Briggs v. Murdock, 13 Pick. R., 305. 

The neglect of the moderator or clerk to take the oath as prescribed, would not, 
it seems, vitiate the election of officers at town meeting. An oath irregularly admin¬ 
istered, for example, upon a book other than the Holy Bible, the parties administering 
it, and taking it, supposing it a Bible, is a valid oath. People v, Cook, 4 Seld, R., 67. 






Art. VII.] 


mode of conducting elections. 


81 


on one ballot, and use only one ballot box at each voting place. 
And in all towns that are thus divided into voting precincts, it 
shall be the duty of the town clerk, or if there be no town clerk, 
it shall be the duty of the county clerk to post up, in three of the 
most public places of the town, a notice of each of the places in 
the town where the county board, city council or board of trustees 
has directed and required the election to be held, and of the place 
designated for the transaction of the miscellaneous business of 
the town. The town meeting for the transaction of such miscel¬ 
laneous business in such towns shall be held at the hour of two 
o’clock in the afternoon of said day. At such meeting, a mod¬ 
erator shall be chosen to preside, by the electors present, and 
the town clerk shall act as clerk of said meeting, and keep a 
record of the proceedings thereof. The judges of election, in 
their respective precincts, shall cause two persons having similar 
qualifications with themselves to act as clerks of such election, 
and said judges and clerks shall conduct such election as nearly 
as may be in accordance with the general election laws of this 
State so far as applicable, except that no registration of voters 
shall be required; and immediately upon closing the polls, they 
shall canvass the votes polled in the manner provided in the 
general election laws of the State, and make a written statement 
or certificate of the number of votes cast at such election for 
each person voted for, and the office for which such person re¬ 
ceived such votes, and shall, within forty-eight hours thereafter, 
cause such certificate and the poll-lists, together with the ballots 
cast at such election to be separately sealed up and transmitted 
to the clerk of the town The supervisor, together with the 
assessor and collector, shall, within five days thereafter, meet 
and canvass said returns and declare the result of said election: 
(1) Provided , further, that this Act shall not be construed in 
any manner to amend, modify or repeal any of the provisions of 
an Act entitled, “An Act regulating the holding of elections and 
declaring the result thereof in cities, villages and incorporated 
towns in this State,” approved June 19, 1885, nor shall the pro¬ 
visions of this Act apply to or affect any city, village or incor¬ 
porated town that has, by vote of the electors thereof adopted 
the provisions of the Act last hereinabove mentioned. [As 
amended by Act approved May 25, 1889. In force July 1, 1889. 
Laws 1889, p. 359. 


(1) The county board in designating separate places for receiving votes at a 
town election cannot meet and have a verbal understanding where the places shall 
be In the case of a city council exercising like authority, it was held that the 
council should take such formal action before the election that citizens could know 
from its records where the election was to be held, and that this must be done a 
sufficient length of time in advance to enable the town clerk to give notice of the 
election. The People v. Gouchenour, 54 Ill. R., 123. 






82 


TOWNSHIP ORGANIZATION ACT. 


LDiv. I. 


75. General election laws to apply.] § 8. The general laws 
of the State in regard to elections and qualifications of voters 
shall apply to all elections to be held under this act, so far as the 
same may be applicable, except as herein otherwise provided: 
Provided, that no registration of voters shall be required. * 1 

76. Recess.] § 9. A recess may be taken during the time 
necessary for the transaction of the business of the town other 
than the election of officers by ballot. 

77. Result of elections.] § 10. The canvass being com¬ 
pleted, a statement of the result shall be entered at length by the 
clerk of the meeting in the minutes of the proceedings, to be kept 
by him as before required, which shall be publicly read by him 
to the meeting; and such reading shall be deemed notice of the 
result of the election to every person whose name shall be entered 
on the poll list as a voter. 2 [Laws 1861, p. 226, § 22. 


[The foregoing § 9 (f 76) has been repealed by effect of the Act of May 20, 1889 
(see fl 74, ante), § 10 (fl 77) is no longer applicable to the township officers whicn tne 
statute says shall be elected by ballot, i. e., supervisor, clerk, assessor, collector, 
highway commissioners, justices, constables and trustees of schools. If applicable at 
all, it is only to road overseers, poundmasters, and such other functionaries as may 
be chosen at the town meeting, or appointed in such manner as the town meeting 
may, by ordinance or resolution, direct.] 

(1) The general law in regard to elections and qualification of voters is to be 
observed, with limited exceptions, in conducting all elections under this Act. This 
is required by the above section, and it is to some extent a new principle in the 
township organization system in this State. As the law formerly existed, the election 
of town officers was a matter incident to a town meeting, and was under the control 
of the electors. But by the terms of this Act the election of town officers is regarded 
as a separate proceeding, to be conducted in the manner of general elections. This 
Act provides that the supervisor, assessor and collector of the town shall be judges 
of all elections in their town, except as otherwise provided by law. See ante, p. 7 4, 
Art. VI, § 6. There is no provision of law regulating elections in this regard in 
towns, whether for town officers or otherwise, except the general election law. It 
seems to be the intention of this Act, as drawn from its various provisions, that the 
election of such town officers as is required by law to be by ballot shall be con¬ 
ducted under the charge of the regular judges of election of the town, in connection 
•with the moderator of the town meeting; it being provided that the moderator shall 
have the same power as other judges of election. See ante, p. 79, Art. VII, § 3. 
See post "Elections.” 

It is further provided by this Act (ante, p. 37, Art. I, § 12), that the county board 
6hall appoint three electors to the town to be judges of election at the first town 
election (meaning the election at the first town meeting) in said town. If, therefore, 
it is considered necessary to have judges of election at the first town meeting, these 
officers are equally as important at all subsequent town meetings at which elections 
are held. This being the intention of the law, the moderator and the three regular 
judges of election of the town will form a board of judges of election, and take 
charge of the ballot-box. and conduct the election of town officers and canvass the 
ballots the same as at any other election under the general election law of the State. 
For duties of judges of elections, qualification of voters, canvassing votes and manner 
of conducting the election of town offices, see the general election law, post, 
"Elections.” 

When one moves into a town, or, being a resident in a town, arrives at full age 
he nt once becomes a member of the corporate body, without any other act, and 
without his consent. Lord v. Chamberlain, 2 Me. R. (2 Grnl.), 69; Richmond v. 
Vassalborough, 5 Me. R. (5 Grnl.), 342. 


(2) The law seems to contemplate that a canvass of votes shall be made in 
like manner as prescribed by the general election law of the State. See "Elections ” 
post. The following may be the form of the canvass; 







Art. VI 1.1 


.MODE OF CONDUCTING ELECTIONS. 


83 


78. Tie vote.] §11. In case two or more persons shall 
have an equal number of votes for the same office, the question 
of which shall be entitled to the office shall be decided between 
such person by lot, under the direction of the town clerk, but he 
shall give each party notice of the time and place of drawing lots. 1 
[Laws 1861, p. 226, § 22. 

79. Persons elected notified.] § 12. The clerk of every 
town meeting, within ten days thereafter, shall transmit to each 
person elected to any town office, whose name shall not have been 
entered on the poll list as a voter, a notice of his election. [Laws 
1861, p. 226, § 23. 

[This section has been modified by the effect of later statutes which separate the 
township election from the township meeting. Every township officer elected is to be 
onicially notified of his election. (See form of notice, p. 85.) The note below relates 
to road overseers, etc., chosen in the town meeting.] 


Form of Canvass of Votes by Precinct Inspectors. 

At an election in the.precinct, township of-in the 

county of-, and state of Illinois, held at--—in said 

precinct, on the-day of April, in the year A. D. 19—, the following named 

persons received the number of votes annexed to their respective names for 
the following described offices, to-wit: 

P. R. had.votes for Supervisor. 

W. R. had .votes for Supervisor. 

O. H. had ....;. votes for Township Clerk. 

J. S. had .votes for Township Clerk. 

L. M. had.votes for Highway Commissioner. 

[and in the same manner for any other persons voted for.] 

Certified by us. 

A. B.,1 

(Clerks sign here.) C. D., J- Inspectors of Election. 

E. F.,J 

[This precinct canvass, with poll lists and ballots, must be returned within 48 
hours to the township clerk. See fl 74, p. 80, 81, ante.] 

Form of Statement of Result of Canvass by Township Returning Board. 

The following is a statement of the result of the canvass of votes by 
ballot, for the election of officers at the township election in the township of 

. in the county of., State of Illinois, the.day 

of.. A. D. 19. ., as canvassed by the township returning board: 

TI. G. had .votes for Supervisor. 

N. C. had . votes for Supervisor. 

C. T. had . votes for Township Clerk. 

T. J. had.votes for Township Clerk. 

G. N. had.votes for Highway Commissioner. 

[and so on, giving a statement of the vote cast for each person.] 

A. Y. 1 Township 

(Clerks sign here.) B. W., }■ Returning 

C. V., J Board. 






















84 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


80. List of town officers filed with county clerk.] § 13. The 

town clerk shall file in the office of the county clerk a list of the 
names of all town officers elected at the annual town meet¬ 
ing, within twenty days after such election shall be held. [Laws 
1861, p. 226, § 24. 


Where no certificate or other formal mode of making known to a person his 
election to a public office is required by law, the result of the election as ascertained 
and announced at the close thereof is conclusive upon the election of officers, and 
cannot afterward be reconsidered or varied. State v. Warren, 1 Houston, Del. R., 39. 

Where the candidates are present at the announcement of the tie vote at 
town meeting, verbal notice may be given them by the clerk, informally, and the 
drawing lots take place at once, or at some convenient time named. No method of 
proceeding is prescribed in deciding the question between candidates,but the drawing 
is under the direction of the town clerk; he will therefore direct the manner in 
which to proceed. He may prepare two pieces of paper, on one may be written the 
title or name of the office in question, leaving the other blank; then fold each alike 
and place them in a box, from which let the candidates draw; the person drawing the 
paper containing the name of the office to be entitled to it and declared duly elected. 
In case the candidates, or either of them, fail to attend upon being notified, then the 
clerk can select some qualified elector to draw for the absent candidate. 

It is proper that some record should be made by the town clerk of the manner 
of disposing of the question of a tie vote between candidates, that the records of the 
town may always show who are elected officers. It would therefore be well for the 
clerk to add a memorandum at the close of the minutes of proceedings of the meet¬ 
ing, after the signatures of himself and the presiding officer, in the following form: 


Form of Notice by Town Cleric of Drawing Lots in Case of a Tie Vote 

Between Candidates. 

To J. S. : 

Sir—You having received, at the late town election, an equal number of 

votes with D. K., for the office of Supervisor, of the town of -, are 

hereby notified that the question of which of you is entitled to said office 

will be decided by lot at my office in said town, on the - day of -, 

A. D. 19 —, at the hour of ten o’clock, in the forenoon; that, should you fail 
to appear at such time and place, the matter will be decided in your absence. 

Dated at-, this - day of -, A. D. 19—. 

J. B., Town Clerk. 


Form of Memorandum of Decision of Tie Vote Between Candidates. 

At the annual town election in the town of -, in the year 19_, 

A. B. and C. D. having had an equal number of votes for the office of-, 

the question of which should be entitled to said office, was, on the -- 

day of --—, 19—, duly decided between them by lot, and it was decided 

that the said A. B. should be entitled to said office. 


J. B., Town Clerk. 

















Art. VIII.J 


MODE OF CONDUCTING TOWN MEETINGS. 


85 


ARTICLE VIII. 


THE MODE OF CONDUCTING TOWN MEETINGS FOR THE 
TRANSACTION OF MISCELLANEOUS BUSINESS. 1 

81. Hour of meeting, etc. 

82. Clerk of meeting—record. 

83. Clerk pro tern. 

84. Duties of moderator. 

85. Motion—How decided. 

86. Division of voters. 

87. Miscellaneous business closed—Reconsidering motion. 

88. Disorderly conduct. 

89. Qualification of voters. 

90. Proceeding with election. 

81. Hour of meeting, etc.] § 1. At the hour of two o’clock 
in the afternoon, on the day of an annual or special meeting, the 
polls shall be closed, and the moderator shall call the meeting 
to order for the transaction of miscellaneous business. [Laws 
1861, p. 224, §7. 


[As the law now is, the town meeting only begins at 2 p. m., at which hour the 
moderator or president of the meeting is chosen. The election is not to be suspended 
nor the polls closed between 7 a. m. and 5 p. m., but the voting for candidates to 
fill the township offices proceeds elsewhere while the town meeting is in session.] 


Notice by Township Clerk to a Person Elected to a Township Office . 

To G. N., Esq., of the township of -, in the county of -: 

You are hereby notified that at the annual election [or special, as the case 

may be] held in said township at -, on the - day of - 

A. D. 19—, you were duly elected to the office of - 

Given under my hand at-, this-day of-. A. D. 19—. 

J. B., Town Clerk. 


(1) Rules for town meetings. Town meetings, provided by this Act, are con¬ 
ventions or assemblies of the legal voters of the town, forming what is termed 
deliberative assemblies, for the transaction of business pertaining to their local 
interests—exercising certain powers, not delegated to their representatives, each 
elector appearing and acting for himself and being accountable to no one for his 
acts. Meetings of this kind are conducted according to certain rules which experience 
has shown to be fit and necessary for that purpose. The rules necessary in conducting 
the ordinary business of a town meeting are few and simple, and are such as would 
occur to the good sense of every man of ordinary intelligence. In disposing of busi¬ 
ness properly and with dispatch much depends upon the moderator or presiding officer; 
If he thoroughly understands his duties, and performs them properly and promptly, 
he will greatly' facilitate the business of the meeting. The general duties of the 
presiding officer, as laid down in the books of parliamentary practice, are the fol¬ 
lowing: 

To open the sitting, at the time to which the assembly is adjourned, by taking 
the chair and calling the members to order. 













86 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


82. Clerk of meeting—Record.] § 2. The town clerk, if 

there be one and he is present, shall act as clerk of the meeting, 
and shall keep faithful minutes of the proceedings, in a book 


To announce the business before the assembly in the order in which it is to be 
acted upon. 

To receive and submit, in the proper manner, all motions and propositions pre¬ 
sented by the members. 

To put to vote all questions which are regularly moved, or necessarily arise in 
the course of the proceedings, and to announce the result. 

To restrain the members, when engaged in debate, within the rules of order. 

To enforce on all occasions, the observance of order and decorum among mem¬ 
bers. 

To receive all messages and other communications, and announce them to the 
assembly. 

To inform the assembly, when necessary, or when referred to for the purpose, 
on points of order or practice. 

To name the members (when directed to do so in a particular case, or when it 
is made a part of his general duty, by a rule), who are to serve on committees; and, 
in general. 

To represent and stand for the assembly, declaring its will, and, in all things, 
obeying implicitly its commands. Cushing’s Manual. 

The principal duties of the moderator are briefly defined by this act to be; to 
preside at the town meeting; to make announcement of the business of the meeting; 
to preserve order, and to decide all questions of order. To ascertain and declare the 
result of votes taken on all questions. To suppress disorderly conduct. 

After the meeting is organized, by the election and qualification of the proper 
officers, the moderator should announce that the meeting is organized and ready to 
proceed to business—In the absence of any rule to the contrary, it will be proper 
for the moderator to direct the order in which the various subjects for action should 
be taken up, and announce each as it comes up in its order for action. 

It is the practice with all legislative assemblies to adopt standing rules for 
their government, which the presiding officer is to observe and enforce. It would 
not be improper for the electors of a town at a town meeting to pursue a similar 
course, and adopt standing rules regulating the order of business and the manner 
of conducting all town meetings, not inconsistent with the law, to be observed and 
enforced by the moderator; this would greatly facilitate business, secure uniformity 
and relieve the moderator from embarrassment in arranging the order of business at 
each meeting. 

The rules governing the conduct of deliberative assemblies are called “parlia¬ 
mentary rules.” They are so called from their origin in the English Parliament. 
These rules, in process of time, as a whole have become very extensive, and, indeed, 
somewhat intricate. In conducting a town meeting it would be impracticable to at¬ 
tempt to observe that nicety in regard to these rules which is adhered to in legisla¬ 
tive assemblies. 

An important feature in parliamentary practice is, that the sense of the meet¬ 
ing is taken through the agency of a motion, made by some member and seconded 
by another. After a motion is thus made and seconded, the presiding officer pro¬ 
ceeds promptly to state it to the meeting, thus: “Gentlemen, it is moved that ” [stat¬ 
ing the motion as made]. “Those in favor of this motion will say aye.” “Those 
opposed will say no.” If the motion prevails, he should announce the vote 

thus: “It is carried in the affirmative,” or “The motion has prevailed.” If the 

motion fails, then say, “The motion is lost.” 

After the moderator has thus declared the vote, it becomes the sense of the 
meeting, and will stand as such until rescinded or reconsidered by another motion 
made for that purpose. 

Where a vote is nearly equal, and it is difficult to determine the result, the 
moderator should not hastily declare the vote, but should say: “The ayes seem to 

have it,” or “The nays seem to have it.” If no one interposes, he will declare the 

result as it seems to him. If any one wishes to interpose, deeming that it seems 
to the moderator differently from the fact, he should do so by promptly calling for 
a division. This may be done by a “show of hands,” by rising, or by literally divid¬ 
ing the house—that is, those voting in the affirmative all going to one side of the 
room, and those in the negative going to the other. After the vote has been de¬ 
clared by the presiding officer, it is too late to call for a division. 

It is a general rule that a motion to lay a proposition on the table and a motion 
to adjourn is not open to debate. But otherwise with a motion to lay on the 
table for a time limited, or to adjourn to a day certain. 

The moderator should be prompt in putting motions. It is no part of his duty 
to invite debate. 

Parliamentary rules, as existing by custom, may be modified by rules fixed by 
the assembly. 

On the subject of parliamentary law generally, see Appendix, post. 




Art. VIII.] 


MODE OF CONDUCTING TOWN MEETINGS. 


87 


to be known as the town record, in which he shall enter at length 
every order or direction, and all rules and regulations made by 
such meeting, which entry shall be signed by himself and the 
moderator of the meeting. (1) [Laws 1861, p. 223, §3. 


(1) Record of Proceedings of Annual Township Meeting. 

The annual township meeting of the township of-, qounty of-, 

Illinois, convened in-the - day of -, A. D. 19— , at the hour 

of 2 P. M. 

Meeting called to order by -, Township Clerk. 

On motion of-, Mr.-was duly chosen moderator, and 

being first duly swo'rn by-, J. P., [or township clerk, as the fact may 

be] assumed the chair. 

The moderator having stated that the first business in order was the 
hearing of the annual reports of township officers, such reports were read 
and action taken thereon in the following order: 

Supervisor’s fiscal report read by the clerk, received, and on motion 
of - , approved, placed on file and ordered to be published. 

[The township clerk will read the report of each township officer who 
is by law required to submit an annual statement of his official doings. When 
a report has been read, the proper motion is that it be received, but in gen¬ 
eral practice it is received without such motion unless objection is made, in 
which case a formal vote on the reception is necessary. (See Haines’ Parlia¬ 
mentary Law.) When received, the question is, shall it be approved or 
adopted, etc. The statute provides that “each and every officer who shall 
have the custody of public funds shall, on the expiration of each fiscal year, 
prepare a statement of the funds received and expended by him during the 

year, - and such officer shall cause such statement to be published in 

some newspaper of the county,” etc. An order to publish would seem, 
therefore, to be unnecessary.] 

The moderator announced as next in order, petitions, resolutions and 
by-laws. 

Mr. - submitted an order for the establishment and 

erection of a pound at - within sixty days from this date, for the 

impounding of animals; that the same be constructed at a cost not to exceed 

- dollars, under the direction of the poundmaster, who shall submit 

all bills for the same, verified by oath, to the board of auditors. Agreed 
to without a division. 

[When a division of the assembly is ordered on a question of importance, 
a more satisfactory mode than the count by rising or holding up hands would 
be by tellers between whom should pass and be counted first the ayes, and 
then the nays, as in the house of representatives. One teller should represent 
the affirmative, the other the negative, side of the question. In case tellers 
be appointed, the fact and their names should appear in the minutes.] 

By Mr. - the following resolutions [set forth the same.] 

Adopted. . 

My Mr. - an ordinance to [set forth the ordinance in < full.] Re¬ 

ferred to a special committee with instruction to report to a special meeting 
to be called the last week in August. 

[In like canner set forth the proceedings in each order of procedure as 
they transpire. For appropriate rules of procedure, see the Township Clerk’s 
Manual pp 40, 41, 42. The record of every meeting should be signed.] 

A J M., Township Clerk. J. W. G, Moderator. 

















88 


TOWNSHIP ORGANIZATION ACT. 


T 

Jl • 


[Div. 


83. Clerk pro tem.j § 3. If there is no such clerk present, 
the meeting shall choose a clerk pro tern., who shall take a like 
oath as that required of the moderator, and shall act as clerk 
of the meeting. 1 [Laws 1861, p. 224, §4. 

84. Duties of Moderator.] § 4. The moderator of such 
meeting shall preside thereat, make announcement of the busi¬ 
ness before the meeting, preserve order, and decide all questions 
of order. [Laws 1861, p. 224, § 5. 

85. Motions—How Decided.] § 5. All questions upon 

motions made at town meetings shall be determined by a ma¬ 
jority of the electors present and voting, and the moderator shall 


In case there is no town clerk, or he is absent, at the opening of the town meet¬ 
ing, the entry in the minutes of the meeting may be as follows: 

The town clerk not being present [or as the case may be], on motion 
Mr. L. M., one of the voters present, was elected by acclamation as chair¬ 
man, whereupon the electors proceeded to choose one of their number to 
preside as moderator of the meeting, and Mr. A. B. was chosen as such 
moderator. 

The moderator may be chosen by ballot; this mode of choosing moderator is 
the rule in some of the eastern States, where the position is considered an impor¬ 
tant one, and the choosing is often zealously contested. 

In case of choosing a clerk pro tern (time being) of the meeting, the following 
may be the form of entry in the minutes: 

The town clerk being absent, E. F. was chosen clerk />ro tem., and was 
duly sworn. 

It seems that the clerk’s record of the proceedings of a town meeting will be 
considered sufficient evidence of the facts therein set forth, as transpiring at that 
meeting. Briggs v. Murdock, 13 Pick. R., 305. 

It is competent for a town clerk to rectify errors which he has made in record¬ 
ing the proceedings of the town, by amending the record, so that it shall state those 
proceedings truly. Boston Turnpike Co. v. Pomfort, 20 Conn. R., 590; Chamberlain 
v. Dover, 13 Maine R., 466. 

Town records may be amended by the person who was in the office at the time 
of the proceedings had, when the record is to be used as evidence in a suit in court, 
provided satisfactory evidence can be shown of the truth of the facts alleged. Cass 
v. Bellows, 31 N. Hamp. (11 Fost.) R., 501; Low v. Pettlngll, 12 N. Hamp, R., 337; 
Pierce v. Richardson, 37 N. Hamp. R., 306. 

One formerly a town clerk cannot, after he has left the office, amend a town 
record made by him when clerk. Hartwell v. Inhabitants of Littleton, 13 Pick. 
(Mass.) R., 229. But held otherwise in New Hampshire. Gibson v Bailey 9 

N. Hamp. R., 168. 

A town clerk may amend a record, according to the truth, made by him when 
in office under a former election. Wells v. Batelle, 11 Mass. R., 4 77. ’ The inter¬ 
vening election is held to be substantially a continuance of the clerk in the same 
office. Hartwell v. Littleton, 13 Pick. R., 229. 

A town clerks’ record of proceedings of a town meeting, as amended by himself, 
cannot be controlled by parol evidence. Halleck v. Boylston, 117 Mass. R., 469. 

A writ of mandamus will issue to compel a town clerk to record the proceedings 
of a town meeting, as publicly declared by the moderator; also to correct his record 
to conform to such declaration. Hill v. Goodwin, 56 N. Hamp. R., 44. 

(1) A certified copy of the proceedings of a town meeting, as kept and re¬ 
ported by a clerk pro tem to the town clerk, is admissible in evidence to show the 
vote of the meeting. Hlckok v, Shelbourne, 41 Vt. R., 409. 




Art. VIIl.j 


MODE OF CONDUCTING TOWN MEETINGS. 


89 


ascertain and declare the result of the vote upon each question. 1 
[Laws 1861, p. 224, § 6. 

86. Division of voters.] §6. When the result of any vote 
shall, upon such declaration, be questioned by one or more of 
the electors present, the moderator shall make the vote certain 
by causing the voters to rise and be counted, or by dividing off. 
[Laws 1861, p. 224, § 5. 

87. Miscellaneous business closed—Reconsidering motions.] 

§ 7. When the business of the meeting is concluded, the modera¬ 
tor shall make announcement thereof, and after such announce¬ 
ment is made all miscellaneous business shall be deemed con¬ 
cluded for that day, unless the electors shall, at the time of such 
announcement, order otherwise; but in no event shall any ques¬ 
tion which has been disposed of before such announcement be 
thereafter reconsidered, unless the motion therefor is sustained 
by a number of votes equal to at least a majority of all the names 
entered on the poll list on that day up to the time of making 
such motion. [Laws 1861, p. 224, §7. 

88. Disorderly conduct.] §8. If any person shall conduct 
in a disorderly manner at any such meeting, and, after notice 
from the moderator, shall persist therein, the moderator may 
order him to withdraw therefrom, and on his refusing may order 
any constable or other person to take him from the meeting and 
confine him in some convenient place until the meeting is ad¬ 
journed; and the person so refusing to withdraw, shall, for such 
offense, forfeit a sum not exceeding $10, for the use of the town, 
to be recovered in an action of debt in the name of the town, 
before any justice of the peace of the town. 2 [Laws 1861 
P. 224, § 8: 


(1) At a town meeting the balloting was carried on in a room within a house, 
and a resolution being proposed and drawn up in the presence of the presiding 
officers by their direction, the clerk proceeded outside of the building where most 
of the persons attending the town meeting were, and in the presence of one of the 
presiding officers there put the motion, and it was by him or the presiding officer 
declared carried,’ and no one made objection. Held, that the resolution was duly 
passed. People v. Tabor, 21 How. (N. Y.) Pr., 42 

Votes of a town at town meeting, unless carried into execution so that Individual 
rights have vested, may be altered or rescinded by subsequent meetings. Denton v. 

Jackson, 2 Johns. Ch. R., 320. . . 

A town meeting cannot properly audit accounts against the town. This duty 
is conferred on town auditors. People v. Onondaga. 16 Mich. R., 254. See Art. XIII., 
J 4, post. 

(2) The order of the moderator to take a person from the meeting for disorderly 
conduct need not be in writing, but may be given to the constable, or other person, 
verbally; but if it is desired to recover the forfeiture or penalty provided for, it will 
be an independent matter, and must be prosecuted as in other cases of fines or pen¬ 
alties going to the town. Parsons v. Brainerd, 17 Wend. R., 522. 

The proceedings to collect a fine for disorderly conduct at tovn meeting the 
law contemplates shall be conducted like any ordinary suit before a justice of the 
peace. The process may be the general form of summons prescribed by the statute. 

Held in Massachusetts, an indictable offense to violently and rudely disturb a 
town meeting. Commonwealth v. Hoxey, 16 Mass. R.. 385. Or to give n more 
than a single vote upon one balloting for town officers Commonwealth v SllSbee, 9 
Mass. R., 417; Walker v. Winn, 8 Mass. R., 248; Bradley v. Heath. 12 Pick, (Mass.) 
R., 163. 




90 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


89. Qualification of voters.] §9. No person shall be al¬ 
lowed to vote or participate in any such meeting unless he shall 
be a qualified elector of such town. 1 [Laws 1861, p. 214; §9. 

90. Proceeding with election.] § 10. When the miscel¬ 
laneous business of that day shall have been transacted, the 
moderator shall announce the polls of the election open, and the 
election shall proceed. (1) 

(1) This section has been annulled by the effect of the amending Act of May 25, 

1S89. See 74, p. SO, ante.] 


ARTICLE IX. 

QUALIFICATION AND TENURE OF OFFICE. 

91. Who eligible to office. 

92. Qualifying. 

93. Neglect to qualify. 

94. Poundmaster—Notice of acceptance. 

95. Collector—Bond. 

96. Failure of collector to give bond. 

97. Supervisor, etc., refusing to serve. 

98. Entering upon office before taking oath. 

99. Term of office. 

100. Successor to demand books, etc. 

101. Demand in case of vacancy. 

102. Outgoing officer to deliver over. 

103. Demand of executor, etc. 

91. Eligible to office.] § 1. No person shall be eligible 

to any town office unless he shall be a legal voter, and have been 


(1) As to who are qualified electors of the town, the Constitution of Illinois, 
Art. IV., entitled, “Suffrage,” declares: 

| 1. Every person having resided in this State one year, in the county ninety 

days, and in the election district thirty days next preceding any election therein, 

who was an elector in this State on the first day of April, in the year of Our Lord 
one thousand eight hundred and forty-eight, or obtained a certificate of natural¬ 
ization before any court of record in this State prior to the first day of January, in 
the year of Our Lord one thousand eight hundred and seventy, or who shall be a 
male citizen of the United States above the age of twenty-one years, shall be entitled 
to vote at such election. 

s 2. All votes shall be by ballot. 

$ 3. Electors shall, in all cases, except treason, felony, or breach of the peace, 

be privileged from arrest during their attendance at elections, and in going to and 

returning from the same. And no elector shall be obliged to do military duty on the 
days of election, except in the time of war or public danger. 

$ 4. No elector shall be deemed to have lost his residence in this State by 

reason of his absence on the business of the United States or of this State, or in 
the military or naval service of the United States. 

5 5. No soldier, seaman, or marine in the army or navy of the United States, 

shall be deemed a resident of this State in consequence of being stationed therein. 

| 6. No person shall be elected or appointed to any office in this State, civil 








Art. IX.] QUALIFICATION AND TENURE OF OFFICE. 


91 


one year a residence of such town. 1 [Laws 1861, p. 226, § 1. 

92. Qualifying.] § 2. Every person elected or appointed to 
the office of supervisor, town clerk, assessor, commissioner of 
highways or collector, before he enters upon the duties of his 
office, and within ten days after he shall be notified of his elec¬ 
tion or appointment, shall take and subscribe, before some jus¬ 
tice of the peace or town clerk, the oath or affirmation of office 
prescribed by the constitution, which shall, within eight days 
thereafter, be filed in the office of the town clerk. 2 [Laws 
1861., p. 226, §2, 3. 

93. Neglect to qualify.] § 3. If any person elected or ap¬ 
pointed to either of the offices above enumerateu shall neglect 


or military, who is not a citizen of the United States, and who shall not have resided 
in this State one year next preceding the election or appointment:. 

§ 7. The General Assembly shall pass laws excluding from the right of suf¬ 

frage persons convicted of infamous crimes. 

See also Div. “Elections,” § 65, § 66, post. 

(1) Town officers must be inhabitants of the town in which they are chosen, 
and they cease to be officers when they cease to be inhabitants. Bane v. Greenwich. 
1 Pick. R., 120. 

No person is eligible to a town office unless he has been a resident of the 
town for one year next preceding the time of his election. Where L., in the year 
1860, was a resident of the town of Cicero; in 1861 removed his family to the 
city of Chicago, adjoining the town; in the same year entered the army, leaving his 
family in Chicago; in 1864 had a farm and lived in Missouri; in March, 1866, returned 
to Cicero, and in November was chosen a constable of the town. Held, that his 
residence could only be counted from March preceding the election; therefore he 
could not hold the office legally. Laimbeer v. The People ex rel., 48 Ill. R., 490. 

The right to an office cannot be determined by an action of replevin of its appur¬ 
tenances. Desmond v. McCarthy, 17 Iowa R., 525. 

And an officer de facto is entitled to the possession of his office during the pro- 
cedings to oust him from it. Leach v. Cassidy, 23 Ind. R., 449. 

A town officer can perform no official Act outside of any beyond the territorial 

limits in which he is authorized and required to act, unless expressly authorized by 

law. An assessor not being authorized to assess property out of his township, can¬ 
not lawfully administer an oath to a person, except in his township in relation to 
his rights and credits liable to assessment. Van Duzen v. The People, 78 Ill. R., 645. 

(2) The term “notified” as used in the law, would seem to import a forma! 
notice, and not mere knowledge on the part of the person notified. Potwine’s Ap¬ 
peal, 51 Conn R., 387. 

Form of Oath to Be Taken and Subscribed by Town Officer. 

State of Illinois, I 

- County, y s ' 

I, A. B., do solemnly swear [or affirm, as the case may be] that I will, 
support the Constitution of the United States and the Constitution of the 
State of Illinois, and that I will faithfully discharge the duties of the office 
l here insert the title*of the office ] according to the best of my ability. A. B. 

Taken and subscribed before me this-day of-, A. D. 19—. 

C. D., Town Clerk. 

The foregoing is the general form of official oath prescribed by the Constitution, 
Art. V., § 25. 

Supervisors are required (see Div. “Counties and County Affairs,” § 52, post) to 
lay before the board of supervisors, at their first meeting after the annual town 
election, certificates of their election; each supervisor will, therefore, after his 
qualification, be entitled to a certificate of his election, which should be issued by 
the town clerk, and may be in the following form: 







92 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


to take and subscribe such oath, and cause the certificate to be 
filed as above required, such neglect shall be deemed a refusal 
to serve. [Laws 1861, p. 227, §4. 

94. Pound master—Notice of acceptance.] § 4. Every per¬ 
son elected or appointed to the office of pound master, before he 
enters on the duties of his office, and within ten days after he 
shall have been notified of his election or appointment, shall 
cause to be filed in the office of the town clerk a notice signify¬ 
ing his acceptance of such office. A neglect to cause such notice 
to be filed shall be deemed a refusal to serve. 1 [Laws 1861, 
p. 227, § 5. 

95. Collector—Bond.] § 5. Every person elected to the 
office of collector, before he enters upon the duties of his office, 
shall give the bond required by law. 2 [Laws 1861, p. 227, § 6. 


Form of Supervisors Certificate of Election. 

-■ County, \ 

Town of-, S “ ' 

I, J. G., Town Clerk of said town of -, do hereby certify that at 

the election in said town, on the day of-, 

A. D. 19—, W. Id. was duly elected supervisor of said town, or was, on 

the-day of -, A. D. 19—, duly appointed, etc.] ; that he has been 

duly qualified as such by taking the oath of office and giving bond as required 
by law. 

In witness whereof I have hereunto set my hand this-day of- 

A. D. 19—. 


J. D., Town Clerk. 


(1) Form of Notice of Acceptance of Overseer of Highways or Pound 

Master. 

To S. L., Town Clerk of the town of -: 

Sir—Having been elected [or appointed I overseer of highways for dis¬ 
trict No. -, in said town [or pound master for said town, as the case may 

be], on the - day of -, A. D. 19—, I hereby notify you that I 

accept the office. 

Witness my hand this-day of-, A. D. 19—. C. E. 

The failure of a town officer to take and subscribe the oath or affirmation of 
office within the time prescribed, vacates the office. State v. Matheney, 7 Kans. R 
327. But where the question of vacancy is brought in controversey, it is held that 
the simple fact of failure to take the oath is not sufficient; that it must appear 
that not taking the oath in time was by the fault or failure of the officer elect 
Ross v. Williamson, 44 Ga. R., 501; State v. Falconer, 44 Ala. R., 696. 

% 

(2) For form of collector’s bond, and time of executing the same, see Div 
“Revenue,” § 133, post. 

Liability of collectors and sureties. Although the proceedings of a town are 
very irregular and informal, at a meeting where assessor, treasurer and collector 
of taxes are elected, and taxes voted to be assessed, yet the collector is legally 
bound to pay over to the treasurer de facto all taxes voluntarily paid to him by the 
tax payer. Trescot v. Moan, 40 Maine R., 347. 

The neglect of the proper authorities to compel the collector to promptly account 
for moneys collected, will not have the effect to release the sureties on his bond 
Readfleld v. Shaver, 50 Maine R., 36. oona. 

Where a person was collector of taxes for two successive years and at the end 
of the second year proved to be a defaulter, .he had a right to appropriate payments 




















Art. IX.] QUALIFICATION AND TENURE OF OFFICE. 


93 


96. Failure of collector to give bond.] § 6. If any person 
elected to the office of collector shall not give such security and 
take such oath as is required above, within the time limited for 
that purpose, such neglect shall be deemed a refusal to serve. 
[Laws 1861, p. 228, § 12. 

97. Supervisor, etc., refusing to serve.] § 7. If any person 

elected to the office of supervisor, town clerk, assessor or com¬ 
missioner of highways, shall refuse to serve, he shall forfeit to 
the town the sum of $257 [Laws 1861, p. 228, § 13. 

98. Entering upon office before taking oath.] § 8. If any 

town officer who is required by law to take the oath of office shall 
enter upon the duties of his office before he shall have taken 
such oath, he shall forfeit to the town the sum of $50. [Laws 
1861, p. 228, § 15. 


made by him to the town either year, at the time he made each payment; if he failed 
so to appropriate them the town might appropriate them as they desired; and if no 
appropriation was made by either, the law would appropriate such payment to the 
oldest debts, although the whole deficit is thereby made to fall on the second year. 
When the sureties of such collector on his official bond are not the same for the 
second year as the first, in a suit on one of the bonds for an alleged default, it is 
for the defendant to show what part of the deficit belonged to each year. Read- 
field v. Shaver, 50 Maine, R., 36. 

A collector’s bond, dated August 15, 1854, and reciting that he was “chosen col¬ 
lector of taxes for the year ensuing,” it appearing that he was chosen in 1854, his 
tax bills bearing date that year, and that he collected that year’s taxes, will be 
deemed to have reference to the municipal year 1854. Trescott v. Moan, 40 Maine 
R., 347. 

The sureties on a tax collector’s bond are bound although the collector never 

took the oath of office, if in fact he acted as collector. Lyndon v. Miller 36 Vt. 

R., 329. 

Held, in California, that taxes collected by a tax collector can be recovered from 
him in a single action, in the name of the people, although a part of them are due 
to the State and a part to the county. People v. Love, 25 Cal. R., 520. 

To maintain an action against a collector for money collected by him and not 

paid over at the time required, no previous demand of him is necessary. Wentworth 
v. Gove, 45 N. Hamp. R., 160. 

The section of the revenue law making- a town collector’s bond a lien against 
his real estate, (see post, Div. “Revenue,” § 134), does not repeal the homestead 
exempttion Act, so far as his bond is concerned. A judgment rendered against a 
town collector upon his official bond, is like any other judgment, and creates no lien 
which can be enforced against his homestead, except in the mode pointed out by 
statute. The homestead right is protected against all liens and sales, and against all 
modes of conveyance, whether by deed absolute or by mortgage, unless released 
or disposed of in the mode pointed out in the homestead Act. When the value of the 
homestead exceeds $1,000, on paying that to the owner, it may be sold under an 
execution; and in such contingency a judgment, whether upon the official bond of a 
collector or otherwise, may be enforced, but it does not create a lien against the 
homestead of the debtor. Hume et al. v. Gossett, 43 Ill., R., 297. 

Where a township collector received from the county clerk an official bond, with 
the proper amount named in it, for him to execute, held this was a sufficient notice 

of the amount of taxes to be collected by him, and it was his duty to have the 

bond executed and presented to the proper authority for approval within eight days 
thereafter, and his failure to do so was properly deemed a refusal to serve, and the 
town board was justified in refusing a bond afterwards presented and in appointing 
another person to the office. Ross v. The People, 78 Ill. R., 375. 

(1) A person who has been chosen or appointed to a town office, and neglects 
or refuses to serve, whereby he incurs the penalty imposed by law, cannot be again 
chosen or appointed to such office, or made liable to a second penalty for the second 
refusal to act. Haywood v. Wheeler, 11 Johns. R., 432. 

It is held that an action for the penalty imposed will not lie except where the 
town proceed to a new election. That merely neglecting to file notice of the ac¬ 
ceptance with the town clerk is not sufficient; the object of the law being to en¬ 

force the performance of the duties, and if the town proceed to a new election, then 
to exact the penalty. Winnegar v. Rae, 1 Cowen R., 258. 






94 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


99. Term of office.] §9. Town officers, except as other¬ 
wise provided, shall hold their offices for one year, and until 
others are elected or appointed in their places and are qualified. 
[Laws 1861, p. 228, § 16. 

100. Successor to demand books, etc.] § 10. Whenever the 
term of any supervisor, town clerk or commissioner of highways 
shall expire, and other persons shall be elected or appointed to 
such office, it shall be the duty of such successor, immediately 
after he shall have entered upon the duties of the office, to de¬ 
mand of his predecessor all the books and papers under his con¬ 
trol, belonging to such office. [Laws 1861, p. 228, § 17. 

101. Demand in case of vacancy.] § 11. Whenever either 
of the officers above named shall resign, or the office become 
vacant in any way, and another person shall be elected or ap¬ 
pointed in his stead, the person so elected or appointed shall 
make such demand of his predecessor, or of any person having 
charge of such books and papers. [Laws 1861, p. 229, § 18. 

102. Outgoing officer to deliver over.] § 12. It shall be 

the duty of every person so going out of office, whenever thereto 
required pursuant to the foregoing provisions, to deliver up, on 
oath, all the records, books and papers in his possession or in his 
control belonging to the office held by him; which oath may be 
administered by the officer to whom such delivery shall be made. 
It shall also be the duty of every supervisor and commissioner 
of highways, so going out of office, at the same time to pay over 
to such successor the balance of moneys remaining in his hands 
as ascertained by the auditors of town accounts. 1 [See Rev. 
Stat., Crim. Code, § 216. Laws 1861, p. 229, § 19. 

103. Demand of executor, etc.] § 13. Upon the death of 
any of the officers enumerated, the successor of such officer shall 
make such demand as above provided of the executors or admin¬ 
istrators of such deceased officer; and it shall be the duty of 
such executors or administrators to deliver up, on the like oath, 
all records, books and papers in their possession or under their 
control, belonging to the office, held by their testator or intestate. 
[Laws 1861, p. 229, §20. 


( 1 ) Form of Oath to Be Administered to Tozun Officer on Going Out of 

Office. 

You do solemnly swear [or affirm ] that you have delivered to A. B. 
[name of successor in office] all the records, books and papers in your pos¬ 
session or in your control, belonging to the office of supervisor for the town 
of-, so help you God. 





Art. X.] 


VACANCIES.—IIOVV FILLED. 


95 


ARTICLE X. 

VACANCIES IN TOWN OFFICES AND THE MANNER OF FILLING 

THEM. 

104. Board of appointment. 

105. Vacancy in board of appointment. 

106. Notice of appointment. 

107. Resignations. 

104. Board of appointment.] § 1. Whenever any town shall 
fail to elect the proper number of town officers to which such 
town may be entitled by law, or when any person elected to any 
town office shall fail to qualify, or whenever any vacancy shall 
happen in any town, from death, resignation, removal from the 
town, or other cause, it shall be lawful for the justices of the 
peace of the town, together with the supervisor and town clerk, 
to fill the vacancy by appointment, by warrant under their hands 
and seals; and the persons so appointed shall hold their respect¬ 
ive offices during the unexpired term of the persons in whose, 
stead they have been appointed, and until others are elected and 
appointed in their places, and shall have the same powers and 
be subject to the same duties and penalties as if they had been 
duly elected or appointed by the electors. 1 [Laws 1861, p. 
229, § 1. 


(l)Form of Warrant of Appointment by Justices of the Peace, Supervisor 
and Town Clerk, to Fill Vacancy. 

To R. H., Esq., of the town of -, in the county of -■, and State 

of Illinois, greeting: 

Whereas, at the annual meeting of said town, held on the-day of 

April, A. D. 19—, said town neglected to choose a I here insert the title of 
the office vacant], for the current year [or as the case may be], whereby said 
office has become vacant. 

Therefore, we, reposing full confidence in your integrity and ability, have 
appointed and do hereby appoint you a [here insert the title of the office], 
for said town, to hold said office until some other person shall be chosen 
or appointed in your stead, and you will have the same powers, and be sub¬ 
ject to the same duties and penalties as if you had been duly chosen by the 
electors of said town. 

In witness whereof, we have hereunto subscribed our names and affixed 

our seals, at -, this- day of -, A. D. 19—. 

T. P.. Justice of the Peace. Tseal.! 

S. W., Tustice of the Peace. Tseal.1 

J. C.. Supervisor. [seal.] 

W. G., Town Clerk. [seal.] 










TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


90 


105. Vacancy in board of appointment.] §2. Whenever a 
vacancy shall occur, from any cause, in any or eitjier of the offices 
enumerated in the foregoing section, as composing the board of 
appointment for the appointing of town officers in case of 
vacancy, it shall be lawful for the remaining officers of such ap¬ 
pointing board to fill any vacancies thus occurring, except in cases 
of vacancy in the office of justice of the peace or constable. 1 
[Laws 1861, p. 229, §2. 


Where the law required the appointment of a collector of taxes to be in writing, 
but the appointment was made by parol, and a tax warrant issued to him upon such 
appointment, held; that although the appointment was irregular, the person thus ap¬ 
pointed was an officer de facto, and his acts were valid as to the public and third 
persons. Hamlin v. Dingman, 5 Lans. (N. Y.) R., 61. 

One appointed to an office by a person having no authority, and commissioned by 
a person having no authority,, is an officer de facto. Mallett v. Uncle Sam, etc., 1 
Nev. R., 188; Sawyer v. Hayden, 1 Nev. R., 75. 

After the appointment of any person to a town office to fill a vacancy, the elec¬ 
tors cannot hold a special town meeting and fill such vacancy by election; the per¬ 
son oppointed will hold over until the expiration of the time for which his pre¬ 
decessor was elected. People v. Van Horne, 18 Wend. R., 515. 

Before the board can appoint, a vacancy must in fact exist. The vacancy can 
not be created by the mere act of the board declaring that a vacancy exists. Opin. 
Att’y Gen’l. Colville (Minn.) May 2, 1867. 

Where the proper appointing power in a town meet and determine that there 
is a vacancy in the office of assessor, by a failure to elect one, and they appoint one 
who qualifies, his acts in making the assessment as a de facto officer will be good 
and valid until he is ousted by proper proceedings for that purpose. People ex rel. v. 
Lieb, 85th Ill. R., 484; Scott, J. dissenting. 

Where a town clerk declared publicly his intention of removing from the 
town and county, and consulted with the justices of the peace as to the appointment 
of his successor, and actually thereafter left the town, and his successor was ap¬ 
pointed. Held, that the latter was entitled to the office. Matter of Bagley, 27 How. 
(N. Y.) Pr., 151. 

No authority exists to appoint a person to an office, such as town assessor, who 
is not a resident of the town. Opin. Att’y. Gen’l. Cole, (Minn.) Vol. 1, 214. 

Concerning vacancies in town offices, see Div. “Elections,” §§124, 125. The provi¬ 
sions of these sections, it would seem, are intended to apply also to town officers, 
as well as others, except that the resignation of town officers is to be made to the 

justices of the peace of the town, as provided by this Act. Art. X., § 4, post. 

(1) In regard to vacancy in the office of justice of the peace and constable the 
Act concerning justices of the peace and constables (see Haines’ Treatise—new edi¬ 
tion, p. 55) enacts: 

§ 3. When a vacancy occurs in the office of a Justice of the peace or can- 

stable by death, resignation, removal from the town or precinct, or other cause, 

if the unexpired term exceeds one year, his office shall be filled by special election, 
and it shall be the duty of the town clerk, in counties under township organization, 
and county clerks, in counties not under township organization, in case of such va¬ 
cancy, to issue his order to the judges of election of the proper town or precinct, 
requiring them on a certain day therein named, not less than twenty days from the 
Issuing of such order, to hold an election to fill such vacancy, and at the same time 
the county clerk shall deliver to such judges three copies of a notice of such election, 
two of which notices shall be posted up in such town or precinct in the most public 
places therein. And an election shall be held pursuant to such order, and conducted 
as other elections. If the unexpired term of his office does not exceed one year, the 
vacancy shall be filled by appointment by the county board. 


Form of Order of Special Election for Justice of the Peace or Constable. 

To the Judges of Election of the town of-, in the county of-, Illi¬ 

nois : 

You are hereby ordered and required to hold a special election to said 

town on the - day of-, A. D. 19—, for the election of one justice 

of the peace I or constable, as the case may be], to fill a vacancy existing in 
that office in said town. Herewith are delivered to you three copies of a 









Art. X.] 


VACANCIES.—HOW FILLED. 


97 


106. Notice of appointment.] § 3. When any appointment 
shall be made, as provided in the two preceding sections, the 
officers making the same shall cause the warrant of appointment 
to be forthwith filed in the office of the town clerk, who shall im¬ 
mediately give notice to each person appointed. * 2 [Laws 1861 , 
p. 230, § 3. 

107. Resignations.] §4. The justices of the peace of a 
town may, for sufficient cause shown to them, accept the resigna¬ 
tion of any town officer of their town, and whenever they shall 
accept any such resignation, they shall forthwith give such notice 
thereof to the town clerk of the town, who shall make a minute 
thereof upon the town records: Provided , that in towns having 
more than two justices of the peace, such resignation may be 
accepted by any two of them; and in case of the resignation of 
a justice of the peace or constable, the town clerk shall imme- 


notice of such election, two of which should be posted up in said town, in 
the most public places therein. 

Given under my hand, this - day of - , A. D. 19—. 

A. B., Town Clerk. 


Form of Notice for Special Election of Justice of the Peace or Constable. 

SPECIAL ELECTION. 

Notice is hereby given that a special election will be held in the town of 

-, in the county of-, and State of Illinois, at-, on the- 

day of-, A. D. 19—, for the purpose of electing one justice of the peace 

[or constable, as the case may be], to fill a vacancy existing in that office in 
said town, which election will be opened at seven o’clock in the morning, and 
continue open until five o’clock in the afternoon of that day. 

Dated at -, this-day of -, A. D. 19—. 

A. B., Town Clerk. 

[Where the township contains more than one precinct, the foregoing or¬ 
der and notice should be given to the inspectors of election in each precinct 
and the form of the notice be varied so as to be in accord with the facts.] 


(2) Notice to One Appointed to Fill Vacancy. 

To H. R., Esq., of the township of.. in the county of.. 

and State of Illinois: 

You are hereby notified that on the.day of.A. D. 19.., J. P., 

S. W., J. C. and W. G., justices of the peace, supervisor and town clerk of 
said town, by their warrant of that date, under their hands and seals, ap¬ 
pointed you to the office of [here insert the title of office ] for said town, 
which warrant has been duly filed in my office. 

Given under my hand, this - day of 


A. D. 19—. 

W. G., Town Gerk. 



















98 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


diately, upon receiving notice thereof, transmit a copy of such 
notice to the county clerk. 1 [Laws 1861, p. 230, § 4. 


ARTICLE XI. 

THE SUPERVISOR AND HIS DUTIES. 


108. Bond. 

109. Supervisor to receive and pay out moneys.—Report— Clerk to 

record same and post notices of town meetings. 

110. Supervisor to prosecute for penalties. 

111. Supervisor’s accounts. 

112. His annual settlement. 

113. Certificate of his account. 

114. Supervisor to attend county board. 

115. To lay accounts before town auditors. 

116. Penalty. 

117. Assistant supervisors. 

118. Supervisors in Cook county. 

119. Election and qualification of supervisors. 

120. When new township created. 

121. Repeal. 

108. Bond.] § 1. The supervisor, before entering upon the 
duties of his office, shall give bond to the town, with one or more 
sureties, in at least double the amount of money which may 
come into his hands, conditioned for the faithful discharge of his 
duties as such supervisor, and that he will safely keep and pay 


(1) Form of Resignation of Town Officer. 

To G. B. and G. F., Esqrs., Justices of the Peace of the town of -, in 

the county of -, and State of Illinois: 

By reason of [here state the cause of resignation] I hereby resign the 
office of commissioner of highways for said town [or as the case may be], 
and respectfully ask that you may accept my resignation. 

J. B. 

Dated at-, this --day of-, A. D. 19—. 

We, the undersigned, justices of the peace of the said town of -, 

being satisfied of the sufficiency of the cause shown above, do accept of the 
resignation of the said J. B. 

Witness our hands, this- day of-, A. D. 19—. 

q p’* | Justices of the Peace. 

If the resignation of an officer be not accepted, he remains in office. Bouv. Law 
Diet., title “Resignation,” 4 Dev. N. C. R., 1. 

An office may be vacated by abandonment, or resigned by parol, and the exist¬ 
ence of a vacancy in either case, will depend upon all the facts and circumstances 
attending the same. State v. Allen, 21 Ind. R., 516. 

Any voluntary act of an officer, which permanently disables him to perform the 
duties of his office, such as enlistment in the military service of the United States, 













Art. XT.] 


SUPERVISOR AND HIS DUTIES. 


99 


over all money entrusted to his keeping, as such supervisor—such 
bond to be approved by the town clerk and filed in his office 
with such approval endorsed thereon. Whenever the town clerk 
shall ascertain that such bond has been forfeited, he 
shall institute suit against such supervisor. If the clerk shall 
fail or refuse to institute such suit, any person interested therein 
may institute the same. 1 [Laws 1861, p. 230, § 1. 


will amount to a constructive resignation of his office by abandonment. State v. 
Allen. 21 Ind. R., 516; Bryan v. Cattell, 15 Iowa R. (7 With.), 538. 

One who has been elected to an office cannot resign it until he has been qualified, 
and has entered into possession of it. Miller v. Board of Supervisors, 25 Cal. R., 93. 

A county superintendent of schools addressed and presented to the county court 
of his county a paper as follows: 

“The undersigned hereby tenders his resignation as county superintendent of 
schools.” 

This paper w T as received by the court, and handed to their clerk to be placed 
on the files of the court, and was by him so filed. This was a virtual acceptance 
of the resignation, which was not subject to be revoked by the party presenting it. 
It was not necessary to enter an order upon the records accepting the resignation 

in form. Pace v. The People ex rel., etc., 50 Ill. R., 432. 

Although the resignation of a town officer is tendered to and accepted by the 
proper authority, he is not relieved from the duties and responsibilities of the office 
until his successor is appointed or chosen and qualified. Badger v. United States, 
93 U. S. Rep., 599, (3 Otto R.). 

( 1 ) Form of Supervisor’s Bond. 

Know all men by these presents, that we, J. G., A. D. and J. F., of the 

town of -, in the county of -, and State of Illinois, are held and 

firmly bound unto the said town of-, in the sum of [here insert double 

the amount that may come to his hands], for the payment of which well and 
truly to be made, we bind ourselves, our heirs, executors and administrators, 
and each of them, jointly, severally and firmly, by these presents. Sealed 

with our seals, and dated this-day of -, A. D. 19—. 

The condition of the above obligation is such, that whereas, the above 

bounden J. G. has been chosen supervisor of the said town of - for 

the current year. Now, therefore, if the said J. G. shall faithfully discharge 
his duties as such supervisor, and shall safely keep and pay over all money 
entrusted to his keeping as such supervisor, then the above obligation to be 
void and of no effect, otherwise to remain in full force and effect. 

J. G. [seal.] 

A. D. [seal.] 

J. F. [SEAL.] 

Form of Clerk’s Approval to Be Indorsed on Supervisor’s Bond. 

I approve the within [or above] bond, this-day of-, A. D. 19—. 

W. M., Town Clerk. 

The law provides that all official bonds required by law to be given by any 
public officer or public employe, shall be acknowledged before some officer authorized 
by law to take acknowledgment of instruments under seal, which said acknowledg¬ 
ment shall be substantially in the following form: 

“The requirement that an official bond be approved by some representative of 
the government is for the protection of the public, and not the principal or his 
sureties. . . . No formal acceptance of an official bond is required, in order 

to justify a recovery upon it against the sureties, nor need there be written evidence 
of its acceptance and approval. . . . If an official bond is executed and de¬ 

livered to the proper representative of the government it becomes binding upon the 
parties signing it, unless disapproved by such representative; and the latter’s mere 
non-action does not deprive the officer of power to act nor relieve the sureties. . . 

The fact that a public officer acted and was recognized as such is sufficient evidence 
of the acceptance of his official bond and of the liability of the sureties for the 














100 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


109. Supervisor to receive and pay out money—Report— 
Clerk to record same and post notices of town meetings.] § 2. 

The supervisor of each town shall receive and pay out all moneys 
raised therein for defraying town charges, except those raised 
for the support of highways and bridges, and he shall, on or 
before the Tuesday next preceding the annual town meeting, 
prepare and file with the town clerk a full statement of the finan¬ 
cial affairs of the town, showing first, the balance (if any) re¬ 
ceived by him from his predecessor in office, or from any other 
source; second, the amount of tax levied the preceding year for 
the payment of town indebtedness and charges; third, the amount 
collected and paid over to him as supervisor; fourth, the amount 


non-performance of the officer’s duties. . . The sureties upon an official bond, 

conditioned for the faithful performance of his duties, are liable for all duties im¬ 
posed upon him within the scope of his office, whether required by laws enacted 
before or after the execution of the bond; and the laws in force when the bond 
is executed become a part of the contract between the officer, his sureties and the 
public. 197 Ill. 572. 


Form of Certificate of Acknowledgement of Official Bond. 

State of Illinois, 1 

County of- j 88, 

I,-, hereby certify that -, who are each personally known to 

me to be the same persons whose names are subscribed to the foregoing 
instrument, appeared before me this day in person and acknowledged that 
they signed, sealed and delivered said instrument as their free and voluntary 
act for the uses and purposes therein set forth. 

Given under my hand and - seal, this - day of -, A. D. 19—. 


Which acknowledgment shall be deemed and taken as prima facie evidence 
that the instrument was signed, sealed and acknowledged in the manner therein 
set forth, and have the same force and effect as evidence in all legal proceedings 
as that given to deeds of conveyance of real estate. Laws 1879, p. 162 title “Official 
Bonds.” 


The town clerk being required to approve the bond of the supervisor he would 
seem to be the proper person to ascertain and fix the amount to be inserted in the 
bond. 

A recovery may be had on a bond given for the benefit of the public although 

it has not been approved, as required by law. People v. Johr, 22 Mich. R.’ 461 

The supervisor of a town is not, in the ordinary acceptance of the term or in 
other words, is not for all purposes, the agent of the town, and the town’ is ’not 
liable for his errors in judgment. Davis v. Kalamazoo, 1 Mich. (N. P. R., 16 

Where a supervisor is elected his own successor, and gives a new bond the 
sureties are liable on such bond for any amount which appears to have been in 
the hands of such supervisor belonging to the town, at the end of the nreeeriin^ 
official term. Morley v. Town of Metamora, 78 Ill. R. ( 394 . v ceutng 

The supervisor occupies the position of a qualified chief executive officer of his 

town, and when called upon as such officer to issue the bonds of the town under an 

alleged election and subscription to a railroad company, he has a right to ’controvert 
the legality of the demand and call for a judicial determination of the matter. The 
People v. Cline, 63 Ill. R., 394. 

. Where, by the statute under which a proceeding is had by a town to raise 
money for a specific purpose by the issuing of its bonds, the supervisor of the town 
is directed to pay on such bonds, in payment of the interest thereon the monev re 
ceived by him from the county treasurer for that purpose; held he cannot oneT 
Uon^th| legality of the bonds, and has no discretion in that respect. Ross v Curtis' 

In such case he acts as the agent of the town; and, as such agent he cannot 
question the authority of his principal. Id. e , e cannot 

The supervisor of a town has no authority to compromise a claim against the 
town on his own motion. The People v. Cline, 63 Ill. R., 394 . gainst tne 











Art. XI.] 


SUPERVISOR AND HIS DUTIES. 


101 


paid out by him, and on what account, including any amount 
paid out on town indebtedness, specifying the nature and amount 
of such indebtedness, and the amount paid thereon, how much 
on principal and how much on interest account; fifth, the amount 
and kind of all outstanding indebtedness due and unpaid, and 
the amount and kind of indebtedness not yet due, and when the 
same will mature. It shall be the duty of the town clerk to record 
the same in the record book of the town as soon as filed, and 
post up a copy of the same at the place of holding the annual 
town meeting two days before the meeting is held; and he shall 
also read aloud such statement to the electors at such meeting. 
Any supervisor or town clerk who shall willfully neglect to com¬ 
ply with the provisions of this section, shall forfeit and pay to the 
town the sum of not less than fifty nor more than two hun¬ 
dred dollars, to be sued for and recovered by said town in its 
corporate name, and appropriated to repairs of highways and 
bridges therein. 1 [As amended by Act approved March 29, 
1875. In force July 1, 1875. Laws 1875, p. 111. 


(1) The supervisor, as custodian of the funds of the town, must pay out the 
same according to law; he is not required, nor permitted, to pay over money in obe¬ 
dience to an illegal vote of the town. Towns have no right to give away money 
collected of the inhabitants by taxation. Hooper v. Emery, 2 Shep. (Maine) R., 375. 

Township treasurers, under the school law, are held to be insurers of the funds 
coming to their possession, and nothing can relieve them from their obligation to 
safely keep and pay over such funds, but the act of God or of the public enemy. 
Thompson et al. v. Board of Trustees, etc., 30 Ill. R., 99. And such is doubtless 
the rule in regard to supervisor, as the custodian of the town funds. 

A township trustee who, by law, was custodian of the town funds, made a con¬ 
tract for the township, whereby he became liable, in his official capacity, to pay 
a certain sum of money. He afterwards made payment in goods of his own, or by 
giving credit on account due him personally by the other party, and with his con¬ 
sent, who thereupon released the township. Held, that the fact that the trustee 
retained a corresponding amount of the township funds applicable to that purpose, 
did not constitute a conversion of the funds of the township to his private use, or 
render him liable therefor in a suit on his official bond. State v. Parker, 33 Ind. 
R., 285. 

v The supervisor is authorized to pay out money only on the certificate of the town 
clerk, countersigned by himself. See post, Art. 13, 5 10, Amendment to the Township 
Act. The person to whom such certificate is issued should endorse his name thereon 
which may be considered as his receipt for payment of the amount. 


Form of Supervisor’s Statement of Financial Affairs of the Town. 

State of Illinois, 1 

- County, !- ss. 

Town of - j 


of 

the 

1st. 


2d. 

3d. 


The following is a full statement of the financial affairs of the said town 

-, prepared by A. B., supervisor of said town, for the year ending 

- day of -, A, D. 19—: 

Amount of balance received from predecessor in office, on hand 

at close of last preceding year.$100.00 

Amount received from other sources as follows: 

Amount received from fines due the town. 50.00 

The amount of tax levied the preceding year for payment of 

town indebtedness and charges, is. •.•••••' -*00.00 

The amount collected and paid over to the present supervisor by 
the town collector, is... 100.00 















102 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


110. Supervisor to prosecute for penalties.] §3. He shall 

prosecute in the name of his town or otherwise, as may be neces¬ 
sary, for all penalties or forfeitures given by law to such town, 
or for its use, and for which no other officer is specially directed 
to prosecute, except as may be otherwise directed by the town 
meeting. 1 [Laws 1861, p. 230, §2. 


The amount collected and paid over to the present supervisor by 


the county collector, is. 100.00 

Total amount .$050.00 

Deduct amount of tax levied preceding year as aforesaid. 300.00 

Leaving total amount received.$350.00 


4th. The amount paid out by present supervisor, and the account 
on which the same was paid, including amount paid on town 
indebtedness, the nature thereof, amount of such indebtedness, 
and amount paid, showing how much on principal and how 


much on interest account, is as follows: 

Amount paid out on account of fees and compensation of town 

officers. ..$100.00 

Amount paid on account of bonded debt for Bond No. 1. 100.00 

Amount paid on account of interest on bonded debt. 20.00 


Total amount paid out.$220.00 

Balance in hands of supervisor. 130.00 


Tota l .$350.00 

The amount and kind of all outstanding indebtedness of the 
town, due and unpaid, is as follows: 

Amount due on amount audited for building town house.$1,000.00 

Amount due on compensation of town officers. 25.00 


Total indebtedness due and unpaid.$1,025.00 


To amount and kind of indebtedness not yet due, and time 
the same will mature, is as follows: 

Bond No. 2 for bridge purposes, due April 1, 1880. $ 100 00 

Bond No. 3, for bridge purposes, due April 1, 1881. 100 00 


Total indebtedness not yet due. 

Dated -, this - day of -, A. D. 19—. 

A. B., 


.$ 200.00 

Supervisor. 


(1) A supervisor of a town, in discharging his duties as such, acts not in his 
natural, but his official capacity; and is pro tanto a corporation. He has caoLitv 
of suing and being sued so far as his trust is concerned. The right to sue is inHden^ 
to his office, and passes to his successor. If, in a suit brou|ht by or against 1 
supervisor as such, he fails in his action, execution goes asrainst i-Hm 

“ten S R rem 6?0. y 18 aga ' n8t the ,OWn ’ S ° 1D N6W Tork - v oEZ!' y i 

Special authority from the electors of a town is not necessary to enable the m, 
pervisor to defend a suit against the town, or to take an appeal therein 
v. Town of Polk, 6 Wls. R., 350. appeal tnereln. Homer 































Art. XI.] 


SUPERVISOR AND HIS "DUTIES. 


103 


111. Supervisor’s account.] §4. He shall keep a just and 
true account of the receipts and expenditures of all moneys 
which shall come into his hands by virtue of his office, in a book 
to be provided for that purpose at the expense of the town; and 
said book shall be delivered to his successor in office. 1 [Laws 
1861, p. 230, § 3. 

112. His annual settlement.] § 5. On Tuesday preceding 
the annual town meeting, he shall account to the board of auditors 
for all moneys received and disbursed by him in his official ca¬ 
pacity. [Laws 1861, p. 230, §4. 

113. Certificate of his account.] §6. At every such ac¬ 
counting the justices and town clerk, or a majority of them, shall 
enter a certificate in the supervisor’s official book of accounts, 
showing the state of his accounts at the date of the certificate. 2 
[Laws 1861, p. 230, §5. 

114. Supervisor to attend county board.] §7. The super¬ 
visor of each town, except the supervisors of towns in Cook 
county, shall attend all meetings of the county board of the 
county. 3 [Laws 1861, p. 231, §6. 

115. To lay accounts before town auditors.] §8. He shall 
receive all accounts which may be presented to him against the 
town, and shall lay them before the board of town auditors at or 
before their next meeting. [Laws 1861, p. 231, §7. 


(1) Form of Keeping Supervisor’s Book. 

M. L., supervisor of the town of-, in account with said town: 

Dr. Cr. 


DATE. 


$ 

DATE. 

No. of Cert. 


S 


To am’t rec’d of 




By am’t paid for 



ss. 


(2) Form of Certificate of Justices of the Peace and Town Clerk, to Be En¬ 
tered in Supervisor’s Book Upon Examination of His Accounts. 

-County, 1 

Town of - f 

We, the undersigned, the justices of the peace and town clerk of the said 
town of-, do hereby certify that we have this day examined the fore¬ 

going account [the certificate being entered at the close of the account at 
every such accounting] of M. L., supervisor of said town, and that we find 
the same in all respects correct and true, and that there appears at this date 

to be a balance of - dollars and - cents in the hands of said 

supervisor. 

Witness our hands, this 


- day of March, A. D., 19—. 

II L* 1 Justices of the Peace. 


F. B., Town Clerk. 

(8) In regard to Cook County, the Constitution, Art. X., 5 T, provides as fol¬ 
lows: “The County affairs of Cook County shall be managed by a board of com¬ 
missioner of fifteen persons, ten of whom shall be elected from the city of Chicago, 
and five from the towns outside of said city, in such manner as may be provided by 

law.” 
























104 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


116. Penalty.] §9. If any supervisor shall refuse, or shall 
willfully neglect to perform any of the duties of his office con¬ 
tained in the preceding sections of this article, he shall forfeit 
to the town the sum of $50, and be disqualified to act as the 
supervisor of said town. [Laws 1861, p. 231, §9. 

117. Assistant supervisors.] § 10. Assistant supervisors 
shall have no power or duties as town officers, but shall be mem¬ 
bers of the county board of their respective counties, and shall 
have and enjoy the same powers and rights as other members. 
[Laws 1861, p. 231, § 10. 

118. Supervisors in Cook county.] §11. The supervisors 
of towns in Cook county shall perform the same duties as super¬ 
visors of towns in other counties under township organization, 
except that they shall not be members of the county board, or 
exercise any of the powers thereof. They shall have the same 
compensation for their services as is or may be prescribed by law 
for similar services rendered by other supervisors of towns. 

AN ACT to provide for the election of supervisors [except in the County 
of Cook], to fix their terms of office, and to classify them in the county 
boards according to their terms. [Approved June 4, 1889. In force 
July 1, 1889. Laws 1889, p. 109.] 

119. Election and qualification of supervisors. 

120. When new township created. 

121. Repeal. 

119. Election and classification of supervisors.] § 1. Be 

it enacted by the People of the State of Illinois represented in 
the General Assembly: That the supervisors elected at the an 
nual town meetings, in their respective towns in the counties now 
under township organization, on the first Tuesday of April, 1890, 
(except in the county of Cook) and in counties which may here¬ 
after adopt township organization, the supervisors elected at the 
first annual town meetings in such counties thereafter, shall, at 
the first regular or special meeting of the county boards of such 
counties thereafter, be divided into two classes, to consist of one- 
half of the members of such board, as near as may be. The super¬ 
visors so to be classified to be selected by lot: Provided, that the 
supervisors of any town having a representation of two or more 
members shall be separately selected and classified by lot so as to be 
divided among the two classes as near equally as may be. The 
first class of supervisors shall serve for the period of one year, 
and the second class for the period of two years, or until their 
successors are elected and qualified: Provided , that where such 
county board is constituted of odd numbers, the smaller fraction 
of such board shall constitute such second class, and thereafter 
at the expiration of the term of each supervisor his successor shall 
be elected and serve in such county board for the term of two years, 



Art. XII.] 


TOWN CLERK AND HIS DUTIES. 


105 


or until his successor shall have been duly elected and qualified, in the 
manner now provided by law. 

120. When new town created.] §2. When a new town 
shall be created in, or added to, any county, which is now or may 
hereafter be under township organization (except in the county 
of Cook) or any town in such county shall become entitled to 
additional representation in the county board thereof, such addi¬ 
tional member or members shall be classified by lot in such man¬ 
ner as to maintain the numerical equality of each class as near 
as may be (having regard to the provisions of section one of 
this Act), and thereafter the successors of such supervisors shall 
be elected for the term of two years, or until their successors are 
duly elected and qualified: Provided , that where a new town is 
created by the union of two or more towns, the terms of the 
supervisors of the towns so united shall expire at the next annual 
town meetings thereafter, and the supervisor or supervisors of 
such consolidated town shall be elected at said town meeting and 
classified in the county board to serve for the term and in the 
manner herein provided in the case of new towns. 

121. Repeal.] § 3. All Acts or parts of Acts inconsistent 
with the provisions of this Act are hereby repealed. 

ARTICLE XII. 

THE TOWN CLERK AND HIS DUTIES. 

122. Records, etc.— Oaths. 

123. Records of town meeting. 

124. Certificates of votes to raise money. 

125. Certificate of tax required. 

126. Failure to return certificate. 

127. Copies—Evidence. 

122. Records, etc. —Oaths.] § 1. The town clerk shall have 
the custody of all records, books and papers of the town, and he 
shall duly file all certificates or oaths and other papers required 
by law to be filed in his office. He is authorized to administer 
oaths and take affidavits in all cases required by law to be admin¬ 
istered or taken by town officers. 1 [Laws 1861, p. 231, § 1; 
Laws 1867, p. 173, § 2; Laws 1869, p. 407, § 1. 

123. Rec ords of town meetings.] § 2. He shall record in 

(1) When the town clerk files a paper In his office, he should make an entry 
thereof upon it, with the date of filing In the following form: 

Form of Entry of Filing Paper by Town Clerk. 

Filed this - day of' -, A. D. 19—. J. J., Town Clerk. 

Where a town clerk is required by law to perform a mere ministerial Act, as 
the countersigning of bonds issued on a subscription to the stock of a railroad com¬ 
pany it is not his province, when called upon to do the Act, to determine whether 
the proper steps have been taken to authorize the issuance of the bonds. The law pro¬ 
vides another mode in which that question could be properly determined (citing The 
People v Dean. 3 Wend., 438). Houston v. The People, ex rel., etc., 6S Ill. P.. 
398 This case Is not in harmony, however, with the ruling in the case of The People 
ex rel Stine v. The Board of Supervisors of Vermillion County, 47 Ill. R., 236. 







106 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


the book of records of his town the minutes of the proceedings 
of every town meeting held therein, and shall enter in said book 
every order or direction, and all by-laws, rules and regulations 
made by any town meeting. 1 [Laws 1861, p. 231, § 2. 

124. Certificates of votes to raise money.] §3. He shall 
deliver to the supervisor, before the annual meeting of the county 
board of the county, in each year, certified copies of all entries 
of votes for raising money, made since the last annual meet¬ 
ing of the county board. 2 [Laws 1861, p. 231, § 3. 

125. Certificate of tax required.] §4. He shall, annually 
at the time required by law, certify to the county clerk the 
amount of taxes required to be raised for all town purposes. 3 

126. Failure to return.] § 5. If any town clerk shall will¬ 
fully omit to make such return, he shall be fined, for each offense, 
not exceeding $10. 

127. Copies—Evidence.] § 6. Copies of all papers, duly 
filed in the office of the town clerk, and transcripts from the 
town records certified by him, shall be evidence in all courts with 
like effect as if the originals were produced. 4 [Laws 1861, p. 
231, §6. 


(1) It is competent for one chosen town clerk to make a record of his own 
election and qualification. Briggs v. Murdock, 13 Pick. R., 305. 

The by-laws or ordinances of a town, printed and pasted into the regular record 
book for containing the same are admissible in evidence, as being duly recorded. Eu¬ 
banks v. Town of Ashley, 36 Ill. R., 177. 


(2) Form of Certificate of Town Clerk to Accompany Book of Entry of 
Votes for Raising Money, Recorded in Town Book. 

County, 1 


Town of - f * 

I do hereby certify that the foregoing are true copies of entries of votes 

of the electors of the town of -, at town meeting, for raising money 

made since the last annual meeting of the county board, and recorded in 
the town record of said town. 

Witness my hand this - day of -, A. D. 19—. 

_ v W. L., Town Gerk. 

(3) See post, Div. "Revenue,” | 122. 


(4) Form of Certificate of Town Clerk to Copies of Papers and Records. 

- County, 1 

Town of - 1 ss< 

I, J. M., town clerk of said town of -, do hereby certify that the 

foregoing [or within] is a true and correct copy of the original thereof on 
file in my office [or is a true and correct transcript from the original book 
of records of said town, wherein is contained the entry of records of all 
such matters.] 

In witness whereof I have hereunto set my hand and seal this - dav 

of -, A. D. 19—. J 

J. M., Town Clerk, [seal.] 

See Rev. Stat., "Evidence and Depositions,” ch. 51, S 14, 16. 














Art. XIII.J 


BOARD OF TOWN AUDITORS. 


107 


ARTICLE XIII. 

THE BOARD OF TOWN AUDITORS. 

128. Who constitute. 

129. Absences supplied. 

130. Semi-annual meeting. 

131. Auditing accounts. 

132. Accounts filed with town clerk, etc. 

133. Accounts verified. 

134. Certificate of audit—Tax. 

135. Town charges. 

136. How taxes raised. 

137. Duty of Town Clerk—Record. 

128. Who constitute.] § 1. In each town the supervisor, 
town clerk and justices of the peace of the town shall constitute 
a board of auditors; said board shall consist of no less than three 
persons, and each person shall cast but one vote. 1 [Laws 1861 
p. 232, § 1. 

129. Absences Supplied.] § 2. In case of the absence of 
any or either of the said officers, or their failure to attend any 
meeting of the board, those attending may associate with them 
the collector or assessor of the town, or both, in the place of any 
absentee or absentees, as the case may be, who shall act for the 
time being as members of such board. 2 [Laws 1861, p 
232, § 2. 

130. Semi-annual meeting.] §3. Said board of auditors 
shall meet at the town clerk’s office for the purpose of examining 
and auditing the town accounts, semi-annually, on the Tuesday 


(1) Each justice of the peace of the township is a member of the board of 
town auditors. The number of justices who shall be town auditors of a town 
is not limited; but the law includes them all, whatever may be the number allowed 
in the township. Opinion Att’y Gen’l Edsall, Aug. 13, 1873. This is not Intended 
to include police magistrates. 

When all the officers forming the board of town auditors have met, a majority 
of them may decide upon questions coming before them, and their certificate will 
be valid, although the supervisor has refused to sign it. Onderdonk v. Supervisor, 
1 Hill R., 195. 

The supervisor, town clerk or justice of the peace, although his resignation is 
tendered to and accepted by the proper authority, continues in office, and is not 
relieved from his duties and responsibilities as a member of the board of auditors, 
under the township organization laws of the State of Illinois until his successor is 
appointed or chosen and qualified. Badger v. United States, 93 U. S. 3 Otto R.) 599. 

Under the Act concerning Canada thistles, town auditors have authority to 
appoint commissioners of Canada thistles. See post, "Canada Thistles.” 

(2) It will be observed that any three of the officers named in the first section 
of this article may comprise the board of town auditors; if three of these are 
present, there would seem to be no necessity for associating the collector or assessor 
in order to constitute a competent board. 





108 


TOWNSHIP ORGANIZATION ACT. 


[D iv. J. 


next preceding the annual meeting of the county board, and on 
the Tuesday next preceding the annual town meeting. [Laws 

1861, p. 232, § 3. , , „ 

131. Auditing accounts.] § 4. The board of auditors shall, 

at the same time and place as stated in section 3, examine the 
accounts of the supervisor, overseer of the poor (where the town 
sustains its own poor,) and the commissioners of highways of 
such town, for all moneys received and disbursed by them, and 
shall also examine and audit all charges and claims against their 
town, and the compensation of all town officers, except the com¬ 
pensation of supervisors for county services. 1 [Laws 1861, 
p 232, § 1, 5. 

132. Accounts filed with town clerk, etc.] § 5. The ac¬ 
counts so audited, and those rejected, if any, shall be delivered, 
with the certificate of the auditors, or a majority of them, to the 
town clerk, to be by him kept on file for the inspection of any 
of the inhabitants of the town. They shall also be produced by 
the town clerk at the next annual meeting, and shall be there 
read by him. [Laws 1861, p. 232, §4. 

133. Accounts verified.] §6. The board of auditors may 
require any account presented to be verified by affidavit, setting 
forth that the same is correct and just, and is unpaid, or, if any 
part thereof has been paid, setting forth how much. 2 [Laws 
1861, p. 232, § 6. 


(1) The auditors of town accounts may be compelled by mandamus to audit the 
amount allowed for damages by taking land for a highway, although the party 
may have a remedy by action against the town. Van Vleit ex rel., etc., v. Wilson 
et al, 17 Wis. R., 687. And compelled by mandamus to perform any ministerial duty 
which the law imposes they may be upon them. Carpenter ex rel., etc., v. 
Supervisor of Town of Beloit, 20 Wis. R., 79. 

It is held (Supervisors v. Ottawa, 12 Ill. R., 480) that the board of supervisors in 
such counties as have adopted township organization are required to provide for the 
support of the paupers of the county, and that there is no foundation for a dis¬ 
tinction between county and town paupers. The section of this Act, therefore, pro¬ 
viding for the account of overseer of the poor, will not apply except in those counties 
where the town support their own poor. 

A judgment against a town is a town charge, and the board of auditors have no 
discretion or power to refuse to audit a valid judgment against a town. Boards of 
town auditors have no power to pass in review upon a judgment recovered against 
a town upon the solemn adjudication of a court. A town cannot in a collateral 
proceeding go behind the judgment of a court, to question the sufficiency of the 
cause of the action upon which it was predicated. Town of Lyons v. Cooledge, 
Sup. Ct., Ill., Jan’y, 1879. 


(2) Form of Bill Against Town and Affidavit of Correctness. 

Town of -. 

To. A. J. Dr. 

A. D. 19—. March 20. To services as supervisor, one day out 
of town in attending to prosecution of suit in favor of said town against 

C. D., pending in the - county circuit court, $2.50 

A. J. 

State of Illinois f 


County, ] 


ss. 


A. J., being duly sworn, doth depose and say that the foregoing [or an- 










Art. XIII.] 


BOARD OF TOWN AUDITORS. 


109 


134. Certificate of audit—Tax.] § 7. The board shall make 
a certificate, to be signed by a majority of said board, specifying 
the nature of the claim or demand, and to whom the amount is 
allowed, and shall cause such certificate to be delivered to the 
town clerk of said town, to be by him kept on file for the inspec¬ 
tion of any of the inhabitants of said town; and the aggregate 
amount thereof shall be certified to the county clerk at the same 
time and in the same manner as other amounts required to be 
raised for town purposes, which shall be levied and collected 
as other town taxes, except that in towns mentioned in section 
four (4), article 4, of this Act, the amount shall be certified to 
the county board, who shall include the same in their estimate 
of the town expenses. * 1 * * * [Laws 1861, p. 232, §7. 

135. Town charges.] §8. The following shall be deemed 
town charges: 

1. The compensation of town officers for services rendered 
their respective towns. 

2. Contingent expenses necessarily incurred for the use and 
benefit of the township. 


nexed] bill for two dollars and fifty cents by him rendered against the town 

of -, in said county for services rendered as therein stated, is correct 

and just and is unpaid. 

Subscribed and sworn before me, this ] 

- day of -, A. D. 19—. \ 

J. D., Justice of the Peace. j 

Where any part of a bill has previously been allowed and paid, credit therefor 
should be given on the bill, and the fact stated in the affidavit. 


(1) Form of Certificate of Auditors Allowing Claims Against a Town with 
Nature of Demand , and to Whom the Amount Is Allowed. 

State of Illinois, ] 

- County, }• ss. Board of Town Auditors. 

Town of -- , j 

We, the undersigned, comprising the board of town auditors of said town 

of -, having duly met at the town clerk’s office, on the - day of 

-, A. D. 19—, for the purpose of auditing town accounts, do hereby cer¬ 
tify that the following claims or demands against said town were presented, 
and being examined, were allowed at said meeting, to-wit: 


TO WHOM ALLOWED. 

Joseph Jenkins, 

John Jackson, 

James Jones. 


NATURE OF CLAIM. 
Compensation as supervisor, 
Compensation as town clerk, 
Goods for pauper, 


AMOUNT. 
25 00 
25 00 
10 00 


In witness whereof the members of said board of town auditors have 

hereunto set their hands, this - day of -, A. D. 19—. 

(Signed by members, with titles of their office.) 

T “There Is nothing in the language of this section (§ 7) ^hlch can be construed 
as authorizing the board of auditors to levy township taxes. No S L C A£ Ynnfers^ this 
to the board? directly or indirectly. Moreover § 8 of Art. '? PeoplL? 
power on the electors present in the town meeting. (P. D. & E. Ky. • • 

141 Ill., 483; also St. L., R. I. & C. Ry. Co. v. People, 147 Ill.. 9.) votes 

makes it the duty of the clerk to keep a record of all proceedings and of all 

for raising money, and subsequent sections provide for his certificate 

















110 


[Div. I. 


TOWNSHIP ORGANIZATION ACT. 


3. The moneys authorized to be raised by the vote of a town 
meeting, for any town purpose. 1 

4. Every sum directed by law to be raised for any town 
purpose. [Laws 1861, p. 233, § 8. 

136. How taxes raised.] § 9. The money necessary to de¬ 
fray the town charges of each town shall be levied on the taxable 
property in such town in the manner prescribed in the Act for 
raising revenue and other moneys for State and county purposes 
and expenses. [Laws 1861, p. 233, § 9. 

137. Duty of township clerk,—record.] § 10. The town 
clerk shall act as clerk of the board of town auditors, and shall 
record the proceedings of each meeting of the board in a book 
which he shall provide for that purpose at the expense of the 
town. Such record shall include all certificates of accounts audit¬ 
ed by the board. Accounts so audited shall be paid by the super¬ 
visor on presentation of a certificate of the town clerk, stating the 
amount and to whom allowed, the date when audited and on what 
account; which certificate, before payment of the amount, shall 
be countersigned by the supervisor.” [As amended by Act ap¬ 
proved May 29, 1879; in force July 1, 1879. Laws 1879, p. 316. 


clerk of the amount levied. “Back of the clerk’s certificate must be, of course, a 
levy of the tax by the proper township authority’’—i. e., the town meeting. (141 Ill., 
supra.) In orderly procedure, the town meeting should pass an appropriation bill, 
which should contain a clause directing the town clerk to certify the amount to the 
county clerk, together with the amount of allowed claims certified by the board of 
auditors.] 

Form of Clerk's Certificate to County Clerk of Aggregate Amount of Ac¬ 
counts Audited. 

State of Illinois, - County,-Township, ss: 

To the County Clerk of said county: 

I, A. B., clerk of said township of-, do hereby certify that the ag¬ 

gregate amount of accounts audited against said township by the board of 

auditors thereof, at their meeting held at the town clerk’s office on the- 

day of - A. D. 19—, is - dollars and - cents, as appears by 

the certificate of said board duly delivered to me and remaining on file in 
my office. 

In witness whereof I have hereunto set my hand this - day of 

-, A. D. 19—. A. B., Township Clerk. 

(1) § 3, Art. 4, Township Organization Act, which authorizes the electors in 

township meeting to raise money by taxation for certain specified purposes, and “for 
any other purpose required by law,” does not authorize the levy of a tax “for town 
purposes.” It must appear that the purpose for which every tax was levied was a 
purpose authorized by law. 194 Ill., 28. 

Form of Township Clerk's Certificate of Claim Audited. 

$-• No.- 

State of Illinois, - County, -- Township, ss: 

Clerk’s Office, -A. D. 19—. 

This is to certify that the sum of - dollars and - cents will 

be paid by the supervisor of said township, to - or order, on presenta¬ 

tion of this certificate; which amount was allowed to him and audited on 






















Art. XIV.] 


BOARD OF HEALTH. 


Ill 


ARTICLE XIV. 


[Note. Sections one (1), two (2) and three (3) of Art. XIV of an Act 
entitled, “An Act to revise the law in relation to township organization,” approved 
and in force March 4, 1874, repealed by Act approved May 10, 1901.] 


TOWN AND COUNTY BOARDS OF HEALTH. 

AN ACT to establish boards of health in counties not under township organi¬ 
zation, and in townships outside of the corporate limits of cities and 

villages, to prescribe their duties and powers and provide for enforcing 

the same. Approved May 10, 1901. 

138. How constituted—duties of. 

139. Powers of board. 

140. Penalty—Fines—State’s attorney to prosecute. 

141. Clerk’s records and reports. 

142. Compensation. 

143. Repeal. 

138.—How constituted.] § 1. Be it enacted by the people 
of the State of Illinois represented in the General Assembly: 
That the board of county commissioners in counties not under 
township organization, and the supervisor, assessor and town 
clerk of every town in counties under township organization, shall 
constitute a board of health, and on the breaking out of any dan¬ 
gerously communicable diseases in their county or town, or in the 
immediate vicinity thereof, it shall be their duty to make and en¬ 
force such rules and regulations tending to check the spread of 
the disease within the limits of such county or town as may be 
necessary; and for this purpose they shall have power to quaran¬ 
tine any house or houses or place where any infected person may 
be, and cause notices of warning to be put thereon, and to require 
the disinfection of the house or place. Provided , that nothing in 
this Act shall apply to any territory lying within the corporate 
limits of any incorporated city or village: Provided , further, 
That in case the board of health in any county not under town¬ 
ship organization, or of any township in counties under township 
organization, shall fail, refuse or neglect to promptly take the 
necessary measures to preserve the public health, or in case any 
such board of health shall refuse or neglect to carry out the rules 
and regulations of the State Board of Health, that thereupon the 

the - day of -, A. D. 19—, by the auditors of said township, on 

account of -. 

Countersigned, A. B., Township Clerk. 

C. D., Supervisor. 







112 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


State Board of Health may discharge such duties and collect from 
the county, or township, as the case may be, the reasonable costs, 
charges and expenses incurred thereby. [As amended by Act ap¬ 
proved May 16, 1903; in force July 1, 1903. Laws 1903, p. 136. 

139. Powers of board.] § 2. The said boards of health 
shall have the following powers: 

First —To do all acts, make all regulations which may be 
necessary or expedient for the promotion of health or the suppres¬ 
sion of disease. 

Second —To appoint physicians as health officers and pre¬ 
scribe their duties. 

Third —To incur the expenses necessary for the performance 
of the duties and powers enjoined upon the board. 

Fourth —To provide gratuitous vaccination and disinfection. 

Fifth —To require reports of dangerously communicable dis¬ 
eases. 

[As amended by Act approved May 16, 1903; in force July 1, 
1903. Laws 1903, p. 136. 

140. Penalty—Fines—State’s Attorneys to prosecute.] § 3. 

Any person who shall violate, or refuse to obey, any rule or regu¬ 
lation of the said board of health, shall be liable to a fine not 
exceeding $200 for each offense, or imprisonment in the county 
jail not to exceed six months, or both in the discretion of the 
court. 

All fines under the provisions of this Act shall be paid into 
the county treasury of the county in which the suit is brought, 
to be used for county purposes, and it shall be the duty of the 
state s attorney in the respective counties to prosecute all per¬ 
sons violating, or refusing to obey, the rules of said local boards 
of health. 


141. Clerk’s records and reports.] §4. The clerk of the 
board of county commissioners, or the town clerk, as the case 
may be, shall keep a full record of all the doings of said board 
and report the same to the annual meeting of such board of 
county commissioners or town board. 


, *«• Compensation.] § 5. The members of said boards of 

health shall be allowed for the time spent in the performance 
of their said duties, each, the sum of $1.50 per day, which, to¬ 
gether with all bills by them contracted and all sums of money 
by them expended, shall be audited and paid in the same manner 
as other county and town expenses. [As amended by Act ap¬ 
proved May 16, 1903. In force July 1, 1903. Laws 1903, p. 137. 

14 3 / Repeal.1 §6. Sections one (1), two (2), and three 
(3) of Article XIV, of an Act entitled, “An Act to revise the law 



Art. XV.] 


COMPENSATION OF TOWN OFFICERS. 


113 


in relation to township organization/’ approved and in force 
March 4, 1874, and all Acts or parts of Acts conflicting herewith 
are hereby repealed. 


ARTICLE XV. 


COMPENSATION OF TOWN OFFICERS. 

144. FEES— 

(1) Of town clerk and supervisor. 

(2) Of pound master. 

(3) Of board of appointment. 

(4) No fee for administering oath. 

145. Emergency. 


144. Fees.] § 1. The following township officers shall be 
entitled to compensation at the following rates for each day 
necessarily devoted by them to the service of the townships in 
the duties of their respective offices: 

1. The town clerk and supervisor shall receive for their 
services three dollars per day when attending to town business 
out of town and two dollars and fifty cents for town business 
in their town. This additional pay per diem to include the super¬ 
visors and assistant supervisors who are residents of the county 
seat while the board of supervisors are in regular session or en¬ 
gaged in regular committee work : (1) Provided, that the super¬ 
visors, when attending to their duties as overseers of the poor, 
shall be regarded as town officers, and their compensation for 
services as such overseers of the poor shall be fixed by the town 
board of auditors and be paid out of the town fund and a tax 
levy be made to cover same at the annual town meeting. The 
compensation of the overseer of the poor to be fixed at the an¬ 
nual meeting in March each year: And, provided, further , that 
the town clerk shall receive fees, and not a per diem, for 
lowing services. [As amended by Act approved June 10, 1 09. 
In force July 1, 1909. Laws 1909, p. 470. 

For serving notices of election upon township officers, as 
required by law, twenty-five cents each. 

For filing any paper required by law to be filed in his office, 

ten cents each. 

For posting up notices required by law, twenty-five cents 

each 

For recording any order or instrument of writing authorized 
by law, eight cents for each one hundred words. _ __ 


(1) The fees of a supervisor for doing business outside of and in *Jjf 1 Bui 

the township is a township charge, with which the “y"'/ ee h “! c S°;'y" K fo t r 0 a a t t;nd?ng 
IS SSKWpSJSSi‘an’d t^Ys toVp'lid YutVthe bounty treasury. Opinion 
Att'y Gen’l Edsall, March 30, 1873. 






114 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


For copying any record in his office and certifying to the same, 
eight cents for every one hundred words, to be paid by the person 
applying for the same. 

For copying by-laws for posting or publication, eight cents for 
each one hundred words, to be paid by the township. 

The township assessor shall receive for his services same per 
diem as before. (See “Revenue,” section 2, p. 599, post.) 

2. The pound master shall be allowed the following fees for his 
services, to-wit: 

For taking into the pound and discharging therefrom horses, 
asses, mules and neat cattle, ten cents each; sheep or lambs, three 
cents each; and swine, large or small, five cents each. 

He may also be allowed to receive his reasonable charges for 
the keeping of such animals. The amount which he shall charge 
therefor may be regulated by the town meeting. 

3. The officers composing the board of appointments in case 
of vacancy, when they shall meet for that purpose, and the officers 
composing the board of town auditors, shall each be entitled to one 
dollar and fifty cents a day for their services. 

4. No justice of the peace or town officer shall be entitled to 
any fee or compensation from any individual elected or appointed 
to a town office, for administering to him the oath of office. 

Each town or district collector shall be allowed a commission of 
two per cent, on all moneys collected by him, to be paid out of the 
respective funds collected: Provided, that in any case where the 
compensation so allowed shall be insufficient, the town or county 
board may allow an additional compensation or per diem in lieu of 
other or greater commissions, in which case said additional compen¬ 
sation shall be paid out of the town or county treasury, as the case 
may require: And, provided, further, that all excess of commissions 
and fees over fifteen hundred dollars in counties of the first and 
second class and over three thousand dollars in counties of the third 
class shall be paid into the town or district treasury: Provided, 
however, that the town board of auditors of any town may, prior to 
the election of a town collector, fix the maximum amount at a lesser 
sum than provided herein. [As amended by Act approved June 7, 
1911. In force July 1, 1911. Laws 1911, p. 338, “Fees and Sal¬ 
aries.” 

145. Emergency.] § 2. Whereas the constitution requires 
that the day of holding the annual township meeting shall be 
uniform throughout the state; and whereas, in the county of Cook, 
the day of election, as fixed by law, 1 is not the same as that in the 
majority of the counties in this state, and there is doubt whether any 
election can legally be held in such county for town officers, an 








Div. I.] 


REFUNDING SURPLUS FUNDS. 


115 


emergency exists that this act shall take immediate effect: therefore 
this act shall take effect and be in force from and after its passage. 

146, 147, 148 and 149. Repealed.] See Laws 1913, p. 581; 
“Roads and Bridges.” § 169, post. 

REFUNDING SURPLUS FUNDS. 

AN ACT making provision for the refunding of surplus funds that are, or 
hereafter may be, in the hands of the county collectors of taxes or county 
treasurers to the credit of the bond fund of townships when such bonds 
have been fully paid and canceled. [Approved and in force March 29, 
1889. Laws 1889, p. 357.] 

150. Surplus of bond funds to be refunded to township. 

151. When such funds paid, how may be appropriated by town. 

152. On vote, such surplus funds may be turned over to commissioners 

of highways. 

153. Emergency. 

150. Surplus of bond funds to be refunded to township.] 

§ 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly : That whenever all the bonds of any 
township shall have been fully paid and canceled, and there remains 
in the hands of the county collector of taxes or county treasurer, 
after said payment, any balance to the credit of the bond fund of 
such township, it shall be the duty of any such county collector of 
taxes or county treasurer, and he is hereby authorized to pay to the 
supervisor of such township the balance of such fund in his hands, 
taking a receipt of such supervisor therefor. 

151. When such funds paid, how may be appropriated by 
town.] § 2. Such funds, when paid to the supervisor of any 
such town, may be appropriated and expended for defraying the 
general charges and expense of such town, for laying out, making 
and repairing the roads and bridges of said town, the purchase of 
materials, implements and machinery therefor, and for the payment 
of any outstanding orders, in such manner and proportions as the 
legal voters of such town may determine at their annual or special 
town meeting duly called for such purpose. 

152. On vote, such surplus funds may be turned over to 
commissioners of highways.] § 3. Whenever the legal voters 
of any town, obtaining or receiving surplus funds as mentioned in 
section one of this Act, shall determine at any general or special 
town meeting that a particular amount or portion of such surplus 
fund shall be paid to the commissioners of highways of such town 
for road and bridge purposes, as provided in section two of this Act, 
it shall be the duty of the supervisor of such town to pay such 
amount to the road commissioners of such town and to take their 
receipt therefor. [See % 40, Art. IV, § 3, subdivis. 15, p. 62, ante. 



116 


TOWNSHIP ORGANIZATION ACT. 


[Div. I. 


153. Emergency.] § 4. Whereas, large sums of money are 
now idle in many of the county treasuries of this State, credited to 
the bond fund of certain townships which ought to be paid back to 
the townships to whose credit the same stands, and there is at pres¬ 
ent no provision of law for such payment, therefore, an emergency 
exists, and this Act shall take effect and be in force from and after 
its passage. 


CITIES ORGANIZED AS TOWNS. 


AN ACT to authorize County Boards in Counties under Township organiza¬ 
tion to organize territory situated therein as a Town. [Approved 
May 23, 1877. In force July 1, 1877. Laws 1877, p. 212.] 

154. Territory of City organized as Town. 

155. Town in city. 

155a. Election of officers. 

156. Powers exercised by council. 

157. What city council may provide. 

158. Mlay regulate the number of justices. 

159. Vacancies. 

154. Territory of city organized as town.] § 1. Be' it en¬ 
acted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly: That the County Board, in any county under town¬ 
ship organization, may provide that the territory embraced within 
any city in such county shall be organized as a town: provided, such 
territory shall have a population of not less than three thousand; 
and, provided, the city council in such city shall by resolution, re¬ 
quest such action by the County Board. And, provided further, 
that whenever the territory of any city of a population of not less 
than fifteen thousand shall be composed of portions of two or more 
townships, and shall by its council request, by resolution, the County 
Board to organize it into a separate township, as aforesaid, and shall 
designate the name thereof, it shall be the duty of the County Board 
to comply with such request and provide for such organization of 
said city into a new township under the name designated in such 
resolution of said city council. [As amended by Act approved Mav 
15, 1903. In force July 1, 1903. Laws 1903, p. 352. 

155. Town in city.] § 2. The territory of any city now 
organized, within the limits of any county under township organ¬ 
ization, and not situated within any town, shall be deemed to be a 
town. 





Div. I.] 


CITIES ORGANIZED AS TOWNS. 


117 


155a. Election of officers.] § 3. All town officers within 
any town organized as aforesaid shall be elected at the annual char¬ 
ter election of said city. All general elections held in such city and 
town, shall be held at the same voting places as the city elections, 
with judges and clerks appointed in like manner as for the city 
elections. 

156. Powers to be exercised by council.] § 4. All the 

powers vested in such towns, including all the powers now vested 
by law in the Highway Commissioners of such town, shall be exer¬ 
cised by the city council, except the appointment of poor master. 
[As amended by Act approved May 17, 1907. In force July 1, 1907. 
Laws 1907, p. 571. 

157. What the city council may provide.] § 5. The city 
council in such city and town may, by ordinance, provide that the 
officers of city and town clerk shall be united in the same person; 
that the officers of city treasury and town collector shall be united 
in the same person; that the office and election of highway commis¬ 
sioners shall be discontinued. The poor master in such city and 
town shall be appointed by the county board. [As amended by Act 
approved May 17, 1907. In force July 1, 1907. Laws 1907, p. 571. 

158. May regulate the number of justices.] § 6. The city 
council in such city and town may from time to time regulate the 
number of justices of the peace, police magistrates and constables to 
be elected within such city and town; but the number elected to 
either of such offices shall not exceed the number allowed by law to 
other towns of like population. 

159. Vacancies.] § 7. Vacancies in any of the town offices 
within such city and town may be filled by the city council. 

PURCHASE OR LEASE OF TOWN HALLS. 

AN ACT in relation to town halls. [Approved May 13, 1905. In force July 
1, 1905. Laws 1905, p. 397.] 

160. When town hall to be built, etc. — Notice. 

160. When town hall to be built—Notice.] § 1. Be it en¬ 
acted by the People of the State of Illinois , represented in the Gen¬ 
eral Assembly: That whenever it is desired to build, purchase or 
lease, for a longer period than five years, a Town Hall, in any town 
in counties under township organization in this State, at least 
twenty-five electors of such town shall, before the time of giving 
notice of the annual town meeting, file with the town clerk a request 
in writing that notice be given that the question of building, purchas¬ 
ing or leasing of a town hall, as the case may be, will be brought up 
in such town meeting, and in such case it shall be the duty of the 
town clerk to include a notice of such request in the notice for such 
annual town meeting. 



118 


TOWNSHIP ORGANIZATION. 


[Div. I. 


TOWN HALLS IN TOWNS CO-EXTENSIVE WITH CITIES. 

AN ACT to enable towns, the boundaries of which are co-extensive with 
cities, to build or purchase a town hall, and a site for the same, 
to levy a tax and to issue bonds therefor. [Approved April 22, 
1907. In force July 1, 1907. Laws 1907, p. 572.] 

161. Petition—Submission of proposition to build or purchase town hall 

—Bonds—Special election. 

162. Sale of bonds—Tax. 

163. Purchase of real estate. 

161. Petition—Form of proposition—Election—Amount and 
denomination of bonds.] § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That when¬ 
ever it is desired to build or purchase a town hall in any, town in 
counties under township organization in this State, the boundaries 
of which are co-extensive with the limits of an incorporated city, 
twenty-five electors of such town may, before the time of giving 
notice of the annual town meeting, file with the town clerk a petition 
in writing that the proposition of building or purchasing of a town 
hall, as the case may be, and the issuing of bonds therefor, be sub¬ 
mitted to the voters of such town at the next ensuing general elec¬ 
tion, which proposition shall be clearly stated in the petition sub¬ 
stantially as follows: “To borrow $.to build or purchase (as 

the case may be) a town hall, and to issue bonds therefor,” and 
thereupon such petition shall be filed in the office of the town clerk 
of such town. Upon the filing of said petition above specified, it 
shall be the duty of the town clerk to submit said proposition to the 
legal voters of said town at the next ensuing general election. Said 
vote shall be by ballot, upon which shall be written or printed : “For 

borrowing $.to (here insert build or purchase) a town hall, 

and to issue bonds therefor,” or “Against borrowing $. to 

(here insert build or purchase) a town hall, and to issue bonds there¬ 
for,” and if a majority of the votes at such election on that question 

shall be “For borrowing $.to (build or purchase as the case 

may be) a town hall, and to issue bonds therefor,” such town shall 
be authorized to issue such bonds in denominations of not less than 
one hundred dollars ($100.00) nor more than one thousand dollars 
($1,000.00) each, payable respectively in not less than one> nor more 
than twenty years, with interest payable annually of not more than 
six per centum per annum. The amount of the bonds so issued 
shall not exceed two per centum on the value of such taxable 









Div. I.] TOWN HALLS IN TOWNS CO-EXTENSIVE WITH CITIES. 119 


property of such town as ascertained by the assessment for the state 
and county tax for the preceding year, nor shall the amount of the 
said bonds exceed, including the then existing indebtedness of such 
town, five per centum on the value of such taxable property of such 
town as ascertained by the assessment for the State and county tax 
for the preceding year. The above question may be submitted to the 
voters of any such town at a special election in the following man¬ 
ner : The city council of the city whose territory is co-extensive 
with such town, may direct by ordinance that the question of “Bor¬ 
rowing $.to build or purchase (as the case may be) a town 

hall and issue bonds therefor,” be submitted to popular vote at a 
special election to be held at least thirty (30) days after the passage 
of such ordinance. The city clerk shall thereupon certify the pas¬ 
sage of such ordinance to the town clerk, whereupon it shall be the 
duty of the town clerk to submit said proposition to popular vote 
in the manner above set forth. Said town clerk shall give at least 
thirty (30) days’ notice of such election by publishing a notice 
thereof in one or more newspapers of general circulation within such 
city. If a majority of the votes at such special election cast on that 

question shall be “For borrowing $. to (build or purchase, 

as the case may be) a town hall and to issue bonds therefor,” such 
town shall be authorized to issue such bonds and proceed in the 
same manner as above provided if the same had been a general 
election. 

162. Sale of bonds—Levy and collection of annual tax.] 

§ 2. If it shall appear that a majority of the legal voters voting on 
said proposition shall be in favor of said proposition the supervisor 
and town clerk shall issue a sufficient amount, in the aggregate, of 
the bonds of said town for the purpose of building or purchasing, 
as the case may be, of such town hall, not to exceed the amount so 
voted upon as aforesaid: Provided, that said bonds shall not be sold 
or disposed of for less than their par value, and the city council of 
the city, whose territory is co-extensive with such town, shall provide 
for the collection of a direct annual tax sufficient to pay the interest 
on such debt as it falls due, and also to pay and discharge the prin¬ 
cipal thereof within twenty (20) years from the time of contracting 
the same, the amount of which tax shall be certified to the county 
clerk by the town clerk annually at the time required by law, and 
shall be by the county clerk extended against the taxable property 
of such town, as other taxes, and shall be collected at the same time, 
and in the same manner as other taxes are collected, and when so 
collected shall be held by the town collector as a fund out of which 





320 


TOWNSHIP ORGANIZATION. 


[Div. I. 


shall be paid the said bonds and. the interest thereof, according to 
the tenor and effect thereof upon the order of the supervisor and 
town clerk. 

163. Purchase of Real Estate.] § 3. The building or pur¬ 
chasing of a town hall, as used in this Act, shall be held to mean and 
include the purchasing of real estate upon which to build the same, 
or upon which the same is situated, as well as to build or purchase 
said town hall. 


CANADA THISTLES. 

AN ACT concerning Canada thistles. [Approved and in force March 15 
1872. Laws 1871-2, p. 210. Revised Stat., chap. 18.] 

1. Commissioner of Canada thistles. 

2. Duties of commissioner. 

3. Treatment of thistles on enclosed lands—Appeal, etc. 

4. Further treatment. 

5. Prosecutions. 

6. Report of commissioner. 

7. Accounts audited. 

8. Appropriations—Control by county board. 

9. County board appoint commissioner—Penalty. 

10. Emergency. 


1. Commissioner of Canada thistles.] § 1. Be it enacted 

by the People of the State of Illinois represented in the General 
Assembly: That there may be appointed by the board of town 
auditors in counties under township organization, and by the county 
commissioners in counties not under township organization for each 
township or election precinct, and by the city council of any city or 
by the president and trustees of any town or village, as the case may 
be, some competent person, to be styled “Commissioner of Canada 
Tlnstles, who shall take the oath required of township or precinct 
officers, and shall hold his office for the term of three years and 
until his successor is appointed and qualified; and he shall receive 
for his compensation the sum of two dollars a day, for each full dav 
necessarily spent in the performance of his duty, to be verified by 
affidavit. The board of appointment may, at any time, for good 

mg in the highway and on uninclosed lands, and take care thaf they 



Div. I.] 


CANADA THISTLES. 


121 


do not go to seed, or otherwise spread; and he shall carefully seek 
and learn, so far as practicable, the best methods for their destruc¬ 
tion, and he shall persistently apply, in proper time, such remedy 
or treatment as he shall deem best calculated to prevent their spread 
and to eradicate the same. 

3. Treatment of thistles on inclosed lands—Appeal, etc.] 

§ 3. In case said thistles are found growing on inclosed lands, the 
commissioner shall advise with the owner, agent or occupant on their 
treatment, and if the said commissioner shall deem it necessary and 
expedient for him to fully control the same, he shall agree with the 
owner, agent or occupant on the boundaries of the tract so infected, 
which it is expedient for him to control, and he shall mark the same 
by stakes, or by fence if thought best; and thereafter such infected 
tract, or so much as from time to time remains infected, shall be 
managed and controlled by the said commissioner, for the purpose 
of destroying said thistles, and so long as it may be necessary to 
complete the work. In case the commissioner and the owner, agent 
or occupant of said land cannot agree as regards the propriety of 
the commissioner controlling such tract or of the boundaries of the 
same, then the commissioner shall proceed to stake out or mark such 
boundaries, as he deems proper, and file a copy of his decision with 
the town clerk, or in counties not under township organization, with 
the county clerk. The owner, agent or occupant of the land may, 
if he feels aggrieved, appeal from such decision of the commissioner 
without bonds, within twenty days, to the commissioners of high¬ 
ways of the town, or to the county commissioners, as the case may 
be, who shall proceed to view the same, and to hear the reasons for 
and against the decision of the commissioner, and a majority of such 
board of appeal shall decide as to the propriety of taking possession 
of the tract alleged to be infected, and if they decide to take such 
possession, what shall constitute the boundaries of the same, and 
shall direct said commissioner to extermine said thistles, (which 
are hereby declared a public nuisance) without unnecessarily depriv¬ 
ing the owner of the land of any legitimate use and enjoyment of the 
same, (1) and the owner or occupant of said land shall pay all cost 


(l) Appeal from Decision of Commissioner of Canada Thistles. 

To I. B., I. J. and D. I., Commissioners of Highways of the Town of-, 

in the County of- [or County Commissioners, as the case may be.] 

The undersigned, A. B., owner [or agent, or occupant, as the case may 
be] of the hereinafter described premises, feeling himself aggrieved by the 
decision of the commissioner of Canada thistles, filed with the town clerk 

[or with the county clerk, as the case may be], on the -day of-. 

A. D. 19—, does hereby appeal to and submit the matter in controversy to 







122 


TOWNSHIP ORGANIZATION. 


[Div. I. 


and expense of labor for said extermination, which shall not exceed 
the sum of one hundred dollars, for each infected tract in one year, 
without the consent of the supervisor of said town or county com¬ 
missioners, as the case may be, and that the sum so expended shall 
be a lien upon said tract so infected, and if the owner or occupant 
shall not pay the same to said commissioner on or before the first 
Monday of September of the year the work was performed by the 
commissioner on said tract, the commissioner shall report the same 
to the board of town auditors, in towns under township organiza¬ 
tion, or county commissioners, as the case may be, and certify to the 
same, and that said board of town auditors or county commissioners 
shall certify to the county clerk the amount so due on each tract, 
and it shall be the duty of the county clerk to cause the amount so 
returned to be levied on the lands as certified by said board of 
auditors or commissioners, as the case may be, and that said amount 
so certified, shall be collected in the same manner that taxes of the 
county are levied and collected, and the same when collected, to be 
paid over to the supervisor of the towns or towns under township or¬ 
ganization, and to the county commissioner, as the case may be, who 
shall pay the same out on the order of the commissioner to the 
parties entitled to the same, for the labor employed in destroying 
the thistles on each tract for which the money was collected. [As 
amended by Act approved June 27, 1885. In force July 1, 1885. 
Laws 1885, p. 55. 

4. Further treatment.] § 4. The commissioner shall apply 
the best known means, and use the utmost diligence, in eradicating 
the thistles; but he shall not have power to expend in work or 
materials more than $100 on any one infected tract, without the 
advice and consent, in writing, of the supervisor of the town, or of 
the county commissioners, as the case may be. 

5. Prosecutions.] § 5. It shall be the duty of the com¬ 
missioner to prosecute or complain to the proper authorities of any 
person or corporation who may violate any law now existing or 
which may hereafter be passed, on the subject of Canada thistles, 
[bee Revised Stat., Crim. Code, chap. 38, § 40, 41. 


vided honorable bod y according to the statute in such case made and pro- 

g rou " ds ; upon which this appeal is made are [here briefly state the 
grounds of appeal and description of land.] y 

Dated this-day of -, A. D. 19 — 









Div. I.] 


CANADA THISTLES 


123 


6. Report of commissioner.] §6. The commissioner shall, 
annually, before the first day of November, make a written report 
to the supervisor of the town, or to the county commissioners, as 
the case may be—which report shall be filed with the town clerk, or 
in counties not under township organization, with the county clerk. 
The report made to the supervisor shall be publicly read at the an¬ 
nual town meeting. Said report shall state— 

First—Whether there are or not any Canada thistles growing 
in the town or precinct. 

Second—If any are growing, where and how many, and when 
and how introduced. 

Third—A detailed statement of his treatment of each infected 
tract, with cost and result. 

Fourth—He shall report such other matters as may be required 
of him by the board of town auditors, or by the county commission¬ 
ers. 

Fifth—He shall state his views on their further treatment, and 
make such suggestions and recommendations as he may deem proper 
and useful. 

And he shall also forward a copy of said report to the secretary 
of the state board of agriculture, who shall collate and report the 
same to the Governor by the first day of December of each year. 1 

7. Accounts audited.] § 7. The board of town auditors, 
and the county commissioners in counties not under township organ¬ 
ization, shall audit the accounts of the commissioner, both for his 
services and for the money expended or labor employed by him; and 
they shall provide for their payment as they now do for other town 
or county expenses. 

8. Appropriations—Control by county board.] § 8. The 

boards of supervisors and county commissioners may make ap¬ 
propriations from the county treasury to aid in destroying the, 
Canada thistle in any one or more towns or precincts of the 


(1) Form of Report of the Commissioner of Canada Thistles 

To A. B., Supervisor of the Town of-, in the County of - [or to 

the county Commissioners, as the case may be]. 

The undersigned, commissioners of Canada thistles for the town of-, 

said county, would report that said thistles are now growing in said town 
[a^ the case may be] on the farm of J. D. [ describe its location ], and that the 
same were introduced about-by-; that his treatment of each in¬ 

fected tract of land, with the cost and result, has been as follows [state par¬ 
ticulars :] and that he believes said thistles should be treated for another year 








124 


TOWNSHIP ORGANIZATION. 


[Div. I. 


county; and in case they deem it expedient, they may assume control 
over any one tract or of all the Canada thistles in the county, and 
make such provision as they may deem necessary, and impose 
penalties, not exceeding $100 for each offense, for a violation of 
any provisions, by-laws or regulations made by them on this subject, 
to be sued for by the commissioner, in the name and for the use of 
the proper county, before any justice of the peace having jurisdic¬ 
tion. Whenever the board of supervisors or county commissioners 
shall decide to assume control, and so long as they exercise it, their 
jurisdiction shall be superior to that of the commissioner. 

9. County board appoint commissioner—Penalty.] § 2. 
And it is hereby made the duty of county boards in counties under 
township organization, where town auditors have failed or refused 
to appoint a commissioner of Canada thistles; upon the petition of 
twenty-five land owners, of said town or adjoining town or towns, 
stating the failure of said board of auditors to appoint a commis¬ 
sioner for said town, and of the necessity for the same; to appoint a 
commissioner of said town (who shall be a resident of said town), 
who shall hold his office for the same length of time, as if appointed 
by the board of auditors, and shall receive the same compensation, 


in the same way, by which they will probably be entirely eradicated. 
Said commissioner would suggest and recommend that, etc. C. D., 

Commissioner of Canada thistles for the town of-. 

Dated this-day of -, A. D. 19— . 

Form of Decision of Commissioners of Highways in Case of Appeal. 

- County, ) 

Town of — —, j ss - 

The commissioners of highways of said town of-, having heard 

the appeal of A. B., from the decision of C. D., commissioner of Canada 

thistles of said town, filed in the town clerk’s office, on the - day of 

-, A. D. 19 —, do affirm the decision of said commissioner, and that the 

boundaries of said infected tract remain as marked by said commissioner, or 
“We do in all things reserve the decision of said commissioner,” or if the 

boundaries are changed add after the- as follows: We do change the 

boundaries of said infected tract as follows [here set forth the boundaries ]. 

In witness whereof, we have hereunto set our hands this - day of 

, A. D. 19— . Signed by the Commissioners. 

Form of Decision of Commissioner of Canada Thistles. 

- County, ( 

Town of-, j ss ' 

The undersigned commissioner of Canada thistles for said town of-, 

having found Canada thistles growing upon the enclosed lands of A. B., 
in said town, and having advised with him in the matter, and not being 
able to agree with him in the premises, and said commissioner deeming it 
expedient that he should fully control the same, he proceeded and marked 
out the following as the tract of land of said A. B., infected by Canada 
thistles to-wit: [here describe the boundaries ]. 

Witness my hand this - day of-, A. D., 19_ . 

C. D., Commissioner of Canada Thistles. 
















Div. I.] PUBLICATION OF ANNUAL STATEMENTS. 


125 


and said compensation shall be audited and allowed, and paid by 
the township for which he was appointed, the same as if he had been 
appointed by the board of auditors of said town; and his duties shall 
be the same, and the board of town auditors or county board may 
appoint so many assistant commissioners as they may deem neces¬ 
sary to thoroughly perform the duties in any town; which assistants 
shall receive the same compensation for like services, as the commis¬ 
sioner, and whose duties shall be the same, and the commissioner of 
Canada thistles or assistant refusing or neglecting to perform their 
respective duties shall be fined in a sum not less than ten dollars 
nor more than one hundred dollars for each ofifence, such fine to be 
sued for in any court of competent jurisdiction in the name of the 
town on complaint of any land owner of the town; said fine when 
collected to be paid to the supervisor or county commissioner and 
become a part of the town or precinct fund. [Added by Act ap¬ 
proved June 27, 1885. In force July 1, 1885. Laws 1885, p. 55. 

10. Emergency.] § 9. Whereas, Canada thistles are now 
growing in various parts of the State, requiring attention before the 
first day of July; therefore, this Act shall take effect and be in force 
from and after its passage. 


PUBLICATION OF ANNUAL STATEMENTS. 


AN ACT to require officers having in their custody public funds, to prepare 
and publish an Annual Statement of the receipt and disbursement of such 
funds. [Approved May 30, 1881. In force July 1 , 1881. Laws 1881, p. 
124]. 

1. Officers to publish annual statements. 

2. Penalty. 

1. Officers to publish annual statements.] § 1. Be it enacted 
by the People of the State of Illinois represented in the General 
Assembly: That each and every public officer, elected or appointed, 
of each and every county and township in this State, who shall, by 
virtue of his or her office, have the custody of public funds, shall, 
at the expiration of each fiscal year, prepare a statement of the 
amount of public funds received and expended by him or her during 
the fiscal year just closed; which statement shall show the amount 
of public funds received and from what sources received, and the 
amount of public funds expended, and for what purposes expended; 
and such official shall also procure and exhibit to the township, or 
county board or to the proper official or officials, as the case may be, 
whose duty it is to audit such annual statement a certificate from the 





126 


TOWNSHIP ORGANIZATION. 


[Div. I. 


cashier of the bank or banks in which such funds are deposited, 
showing the balance to the credit of the official making the statement, 
and if such funds are in the hands of the said official the money 
shall be counted by those whose duty it is to audit the same, and 
the officer making such statement shall subscribe and swear to the 
same before some person authorized to administer oaths; and such 
officer shall, within thirty days after the close of each fiscal year, 
cause such statement to be published in some newspaper published in 
the county in which such officer holds his or her office, for one week; 
and if no newspaper is published in such county, then such officer 
shall make three (3) written copies of such statement and post 
them in three (3) of the most public places nearest to the location 
of his or her office; and such officer shall, within thirty days after 
the close of each fiscal year, file a copy of said statement, so sub¬ 
scribed and sworn to, in the office of the county clerk of the county 
in which such officer holds his or her office: Provided, that the pro¬ 
visions of this Act requiring publication of the annual financial 
statement in some newspaper, shall not apply to sheriffs, circuit 
clerks, county clerks, county recorders, county superintendents of 
schools, county treasurers, county collectors, and township collectors 
in counties under township organization: And, provided, further, 
that the cost for the publication of said statement shall not exceed 
the sum of one dollar per hundred words, to be paid out of the funds 
in the hands of the officer making such statement: And, provided, 
further, that said public officer shall not be required to have said 
statement published if he shall be unable to procure such publication 
at the price allowed by this Act. (As amended by Act approved 
May 27, 1911. In force July 1, 1911. Laws 1911, p. 428. 

2. Penalty.] § 2. Any public officer of any county or 
township in this State, who, by virtue of his or her office, shall 
have the custody of public funds, and who shall refuse or neglect 
to comply with the provisions of the first section of this Act, 
shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not less than fifty dollars ($50), nor more 
than five hundred dollars ($500), at the discretion of the court, 
which fine shall be paid into the treasury of the county or township 
in which the officer convicted of said misdemeanor shall hold his 
or her office; and it shall be the duty of the State’s Attorney for 
the county in which said misdemeanor is committed, to bring suit 
against any public officer charged with the violation of the pro¬ 
visions of this Act in any court having jurisdiction. 





Div. II.] 


ROADS AND BRIDGES. 


127 


DIVISION II. 

ROADS AND BRIDGES. 

AN ACT to revise the law in relation to roads and bridges. [Approved 
June 27, 1913. In force July 1, 1913. Laws 1913, p. 520.] 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the laws relating to 
roads and bridges be and they hereby are codified, revised and 
amended, with articles, subdivisions, and sections entitled, numbered 
and to read as follows: 


ARTICLE I. 

DEFINITIONS. 

1. (a) State road and bridge fund. 

(b) State aid road. 

1. State road and bridge fund.] § 1 (a). That the term 
“State Road and Bridge Fund,” when used herein, shall mean all 
moneys appropriated by the State of Illinois for road and bridge 
purposes. 

(b) State Aid Roads.] The term “State Aid Roads” herein 
shall mean all roads or bridges constructed, repaired or improved at 
the joint expense of the State and any county or counties within the 
State as hereinafter specified. 

ARTICLE II. 

STATE HIGHWAY DEPARTMENT. 

2. State highway department. 

(a) Established. 

(b) Offices. 

3. State highway commission. 

(a) Office created. 

(b) Oath—bond. 

(c) Salary—expenses. 

(d) General powers and duties. 

4. State highway engineer. 

(a) Appointment. 

(b) Oath—bond. 

(c) Powers and duties. 

5. Civil service. 

6. Removal from office—vacancy. 

7. Duties of present state highway commission terminated. 

2. State highway department— (A) Established.] § 2. 

There is hereby created a department, to be known as the State 
Highway Department, the officers of which shall consist of the 
members of the State Highway Commission, the Chief State High- 



128 


ROADS AND BRIDGES. 


[Div. II. 


way Engineer, the Assistant State Highway Engineer and the 
various subordinate officers hereinafter specified and set forth. 

(B) Offices.] The Secretary of State shall provide for the 
State Highway Department suitably furnished offices in the capitol 
building at Springfield and shall provide therefor suitable blanks, 
stationery, printed matter and other office supplies. 

3. State highway commission—(A) Office created.] § 3. 
The Governor shall, by and with the advice and consent of the 
Senate, within thirty days after this Act shall take effect, appoint 
three State highway commissioners (no more than two of said per¬ 
sons shall belong to or be affiliated with the same political party, nor 
shall they be actively engaged in any other business, occupation or 
profession, but shall devote all their time to the work of said com¬ 
mission), to hold office one for two years, one for four years and 
one for six years, from and after the date of their appointment and 
qualification and until their respective successors are appointed and 
qualified, and they shall constitute and be known as the “State 
Highway Commission.”. And on the first day of March, 1916, and 
at the end of every two years thereafter, the Governor shall, in like 
manner and by and with the advice and consent of the Senate, 
appoint one person as the successor of the commissioner whose term 
shall have then expired, to serve as such commissioner for the term 
of six years and until his successor is appointed and qualified. One 
person appointed on the board shall be, and shall be designated in 
the appointment, the president, who shall be the executive officer 
of the board. Two of said commissioners shall constitute a quorum. 

(B) Oath—Bond.] The members of the said State High¬ 
way Commission before entering upon the duties of their office, 
shall take the oath prescribed by the Constitution of this State for 
State officers, and said oath shall be filed in the office of the Secre¬ 
tary of State. They shall also execute a good and sufficient bond 
to the State in the sum of not less than $10,000.00 each, conditioned 
upon the faithful performance of their duties, said bond to be 
approved by the Governor, and then filed with the Secretary of 
State. J 


(C) Salary—Expenses.] The said State Highway Com¬ 
missioners shall each receive an annual salary of three thousand five 
hundred dollars ($3,500.00), and in addition thereto they shall be 
a lowed their actual and necessary traveling expenses incurred in 
attending to official business. Said commissioners may also incur 
necessary expenses for clerk hire and other incidental expenses 
proper and necessary for the carrying out the provisions of this 
Act, as well as for the general purposes hereinafter indicated 

*" Dot " s ' 1 The “”™”“ t ”- 



Div. It.] 


STATE HIGHWAY DEPARTMENT. 


129 


(1) Have general supervision of highways and bridges which 
are constructed, improved or maintained in whole or in part by the 
aid of State moneys. 

(2) Prescribe rules and regulations not inconsistent with law, 
fixing the duties of all persons employed in the State Highway 
Department and the various county superintendents of highways. 
Such rules and regulations shall, before taking efifect, be printed 
and transmitted to the highway officials affected thereby. 

(3) Aid county superintendents of highways and town and 
district commissioners of highways in establishing grades, preparing 
suitable systems of drainage and advise them as to the construction, 
improvement and maintenance of highways and bridges. 

(4) Employ such clerical and other assistants as they may 
deem necessary to properly carry on the work of their office. 

(5) Cause plans, specifications and estimates to be prepared 
for the repair and improvement of highways and the construction 
and repair of bridges when requested so to do by a county superin¬ 
tendent of highways or by a highway commissioner of any town or 
road district therein. 

(6) Investigate and determine upon the various methods of 
road and bridge construction adapted to different sections of the 
State and as to the best methods of construction and maintenance 
of highways and bridges. 

(7) Compile statistics relating to public highways throughout 
the State and collect such information in regard thereto as they 
shall deem expedient. 

(8) Aid at all times in promoting highway improvement 
throughout the State and perform such other duties and have such 
other powers in respect to highways and bridges as may be imposed 
or conferred upon them by law. 

(9) Approve and determine the final plans, specifications and 
estimates for all State aid roads upon the receipt of the report of the 
plans, specifications and estimates of the State Highway Engineer 
as provided herein. 

(10) Let all contracts for the construction or improvement 
of State aid roads. 

(11) Prescribe a system of auditing and accounting for all 
road and bridge moneys for the use of all highway officials, which 
system shall be as nearly uniform as practically possible. 

(12) Perform all other duties prescribed in this Act or rea¬ 
sonably inferable therefrom. 

4. State highway engineer—(A) Appointment.] § 4. As 

soon as practicable after the taking effect of this Act, the Governor 
shall appoint a Chief State Highway Engineer and an assistant 
State highway engineer who shall each be competent civil engineers, 





130 


ROADS AND BRIDGES. 


[Div. TI. 


and experienced and skillful in highway construction and mainten¬ 
ance. The said chief State Highway Engineer shall receive a salary 
of four thousand dollars ($4,000) per annum, and the assistant chief 
State highway engineer shall receive a salary of twenty-five hundred 
dollars ($2,500) per annum, and, in addition thereto, they shall be 
allowed their actual traveling and other expenses incurred under the 
provisions of this Act. They shall each hold office for the period 
of six years and until their respective successors are appointed and 
qualified. 

(B) — Oath—Bond.] Said Chief State Highway Engineer 
and his assistant, before entering upon the duties of their respective 
offices, shall each take the oath prescribed by the Constitution of this 
State for State officers and said oath shall be filed in the office of the 
Secretary of State. 

If demanded by the Governor, the said Chief State Highway 
Engineer and his assistant shall be required to execute a good and 
sufficient bond in such sum as the Governor shall prescribe, condi¬ 
tioned upon the faithful performance of their duties, said bond to 
be approved by the Governor and then filed with the Secretary of 
State. 

(C) Powers and Duties.] The said Chief State Highway 
Engineer and the said assistant State highway engineer shall be the 
administrative and technical agents of the State Highway Commis¬ 
sion, and shall be generally subject to the orders of the said State 
Highway Commission. The said Chief State Highway Engineer 
and the assistant aforesaid may at all reasonable times be consulted 
by county, township or road district officers having authority over 
roads and bridges relative to any question involving such highways 
and bridges. 

Civil service.] § 5. With the exception of the State High- 
Highway Commission, the Chief State Highway Engineer and the 
assistant State highway engineer, the appointment of all assistant 
agents or clerks or other employees of the State Highway Depart¬ 
ment shall be subject to the laws of this State relating to the civil 
service. 

6. Removal from office—Vacancy.] § 6. The Governor 

shall have the power to remove the State Highway Commission, the 
State Highway Engineer and the assistant State highway engineer 
from their respective offices for incompetency, neglect of duty or 
malfeasance in office. In case of a vacancy in either of said offices 
the said vacancy shall be filled by appointment by the Governor by 
and with the advice and consent of the Senate. ’ When the Senate 
is not in session, the Governor may make an appointment to fill a 
vacancy, but any appointment made when the Senate is not in ses- 





Div. II.] COUNTY SUPERINTENDENT OF HIGHWAYS. 


131 


sion shall be subject to confirmation by the Senate at its next session 
before becoming permanent. 

7. Duties of present state highway commission terminated.] 

§ 7 . Upon the appointment of a State Highway Commission, under 
the provisions of this Act, the present State Highway Commission 
shall terminate and the members thereof shall turn over all books, 
maps, papers, plans and other things pertaining to their office to the 
State Highway Commission herein provided for. 

ARTICLE III. 

COUNTY SUPERINTENDENTS OF HIGHWAYS. 

8. County superintendents of highways. 

(a) Appointment. 

(b) Term of office—salary. 

(c) Removal. 

(d) Powers and duties. 

(e) Vacancy. 

8. County superintendents of highways—(A) Appoint¬ 
ment.] § 8. In each and every county of the State there shall 
be a county superintendent of highways to be appointed in the man¬ 
ner following: Within ninety days after this Act shall become 
effective, the county board of each county shall submit to the State 
Highway Commission a list of from three to five persons, residents 
of the county, considered desirable candidates for the office of county 
superintendent of highways. The State commission shall thereupon 
determine by competitive examination from among the names sub¬ 
mitted, the person or persons best fitted for said office, and shall 
thereupon certify the same to the county board submitting such list, 
who shall then make an order appointing, from the number found 
eligible, one such person superintendent of highways for such 
county: Provided, however , that if on the list submitted there is 
found no person qualified for the position the county board shall in 
like manner submit a further list and if on this second list no one 
is found qualified the county board may employ some person other 
than a resident of the county and who has passed satisfactorily the 
examination presented by the State Highway Commission. No part 
of any moneys appropriated by the State for the building and main¬ 
taining of State aid roads shall be apportioned to any county until 
such county superintendent of highways shall have been appointed. 

(B) Term of Office—Salary.] The term of office of each 
county superintendent of highways shall be six years and until his 
successor is duly appointed and qualified. He shall receive a salary 
payable out of the general funds of the county in a sum to be fixed 
by the county board. 




132 


ROADS AND BRIDGES. 


[Div. II. 


(C) Removal] Any county superintendent of highways 
may be removed from office by the county board of his county for 
incompetence, neglect of duty or malfeasance in office. 

(D) Powers and Duties.] The county superintendent of 
highways shall, subject to the rules and regulations of the State 
Highway Commission: 

(1) Prepare plans, specifications and estimates for all bridges 
to be built by the; county. Such plans and specifications, before 
being finally adopted, shall be submitted to the State Highway Com¬ 
mission and approved by them. 

(2) Act for the county in all matters relating to the super¬ 
vision of the construction and maintenance of any road or bridge 
constructed or maintained at the entire expense of the county or at 
the joint expense of the county and any town or road district therein, 
as hereinafter set forth. 

(3) Visit and inspect the highways and bridges in each town 
or district of his county, at least once in each year and whenever 
directed so to do by the State Highway Commission, or the State 
Highway Engineer, and advise and direct the highway commis¬ 
sioners of the several towns or districts in his county as to the best 
methods of repair, maintenance and improvement of highways and 
bridges. 

(4) Subject to the direction of the State Highway Commis¬ 
sion, to supervise the repair and maintenance of all State aid roads 
within his county. 

(5) Keep a record of all contracts or purchases of materials, 
machinery or apparatus to be used in road construction in excess of 
two hundred dollars ($200) approved by him in any town or district 
as hereinafter provided. 

(6) Perform such other duties as may be prescribed by law, 
the rules and regulations of the State Highway Commission or the 
direction of the State Highway Engineer in conformity thereto. 
Other than as above specifically indicated, the county superintendent 
of highways shall, to all intents and purposes, be regarded as a 
deputy to the State Highway Engineer: Provided , however , that 
no county superintendent of highways shall be required, without his 
consent, and the consent of the board of supervisors, or the board 
of county commissioners, of the county in whose employ he is to 
perform services in any other county. 

(E) Vacancy.] In case the office of county superintendent 
of highways in any county shall at any time be vacant, and a tem¬ 
porary emergency shall arise requiring that some duly qualified offi¬ 
cial perform the duties of said office, then the State Highway Com¬ 
mission may designate any competent person to perform the duties 
of such office during the existence of such temporary emergency. 




Div. II.] 


STATE AID. 


133 


ARTICLE IV. 

STATE AID. 


9. State aid authorized. 

10. Highways to be designated by county boards. 

11. Total mileage of such highways. 

12. Selection of highways to be indicated on map. 

13. When changes to be made on map by State Highway Commission- 

copy kept by county clerk. 

14. Map entered on official records—changes. 

15. When county board fails to forward to State Highway Commission 

map within six months. 

16. Improvement of the system—how carried on. 

17. Where any county fails to provide amount equal to allotment by 

State Highway Commission. 

18. What considered sufficient acceptance of allotment to county. 

19. Proceedings for construction of State aid road—preliminary resolu¬ 

tion of county board. 

20. Examination of proposed highway—approval or disapproval by com¬ 

mission. 

21. Maps, plans, specifications and estimates. 

22. Eminent domain. 

23. Report of State Highway Commission and to county board. 

24. Final resolution of state Highway Commission. 

25. Final resolution of county board. 

26. Moneys held as separate fund. 

27. Final notice to State Highway Commission. 

28. Order of construction of State aid roads. 

29. Contract for State aid roads. 1. Advertising for proposals. 2. Pro¬ 

posals. 3. Award of contract. 4. Rejection of proposals. 5. 
Form of contract. 6. Bond of contractor. 7. Payments of 
contracts. 

30. Acceptance of State aid road when completed. 

31. Payments—how made—effect of contract. 

32. Legal effect of contract. 

33. Roads constructed directly by the State. 

34. CoUnty line roads. 

35. Repair and maintenance of State aid roads. 

36. Public utilities. 

9. State aid authorized.] § 9. Public highways, or sections 
thereof, including bridges therein, may be laid out, improved, or 
constructed at the joint expense of the State and any county within 
the State as hereinafter provided. In such case the State shall con¬ 
tribute one-half the expense thereof and the county, or counties, 
through which the said highway or portion thereof passes shall con¬ 
tribute the remaining one-half. Such highways hereinafter known 
as “State Aid Roads” may be laid out, constructed or improved in 
the manner hereinafter directed: Provided , however , that no road 
or part thereof lying within the corporate limits of any city or vil¬ 
lage within this State shall be improved or constructed with State aid. 





134 


ROADS AND BRIDGES. 


[Div. II. 


10. Highways to be designated by county boards.] § 10. 

At their next regular or special meeting following the passage of 
this Act it shall be the duty of the supervisors in counties under 
township organization, or the board of county commissioners in 
counties not under township organization, to designate those public 
highways within their respective counties that shall come under the 
provisions of this Act. The highways to be designated by the county* 
boards shall be as nearly as possible those highways connecting the 
principal cities and trading points in each county with each other, 
and also with the principal cities and trading points in other counties. 

11. Total mileage of such highways.] §11. Such high¬ 
ways shall not include any portion of a public highway within the 
corporate limits of any city or village; nor shall the total mileage of 
such highways in any county exceed, in counties of the first class, 
more than fifteen per centum of the total public road mileage of 
that county, nor exceed twenty per centum of the public road mile¬ 
age in counties of the second class, and shall not exceed twenty-five 
per centum of the public road mileage in counties of the third class. 
By public roads it is understood to mean all public roads within the 
State except those within the limits of incorporated cities and vil¬ 
lages; the public road mileage of the counties to be that as deter¬ 
mined and published by the State Highway Commission. 

12. Selection of highways to be indicated on map.] § 12. 
The county boards shall indicate the highways selected as aforesaid 
by marking them upon some map which shows the public roads and 
section lines in the county, and for this purpose existing atlas maps 
may be used, provided the roads selected are plainly marked thereon. 

# After the county boards have so selected the highways within 
their respective counties as aforesaid, and indicated the same on a 
map of the county, it shall be the duty of the county clerk imme¬ 
diately to forward said map, with his signature thereon attesting to 
the validity of the same, to the State Highway Commission. The 
State Highway Commission shall examine the map with the roads 
located thereon, and if the roads selected in one county do not con¬ 
nect with the roads selected in another county to make convenient 
through roads between the various cities and trading points of the 
different counties, the State Highway Commission shall make such 
changes as will best serve to make the most direct routes between 
such cities and trading points of the different counties, and return 
to the county clerks the maps with the corrections shown thereon. 

13. When changes to be made on map by State Highway 
Commission—Copy kept by County Clerk.] § 13. If in the 
judgment of the State Highway Commission it becomes necessary 
to re-locate the routes as selected by the county board for State 
highways in any county, the State Highway Commission may notify 



Div. II.] 


STATE AID. 


135 


the respective boards who shall, at their special meeting when they 
are selecting the State highways, appoint a committee not to exceed 
five in number, who shall, if they choose, appear before the State 
Highway Commission, who shall give hearings on the relocation of 
the routes as first selected by the county boards. After taking into 
consideration the information thus presented by these special com¬ 
mittees, the State Highway Commission shall then proceed to indi¬ 
cate the routes along which State aid roads may be constructed, as 
hereinafter provided. The highways selected by the county boards 
and shown on the maps as revised by the State Highway Commis¬ 
sion, shall be the highways to which the provisions of this Act shall 
apply, and they shall not apply to any other public highways. After 
the county map has been finally corrected by the State Highway 
Commission, a copy shall be returned to the county clerk and a copy 
retained by the State Highway Commission. 

14. Map entered on official records—Changes.] § 14. The 
county clerk shall enter the map returned to him among his official 
records, and no changes in the routes indicated thereon shall be 
made, except by a vote of the county board and with the approval 
of the State Highway Commission, as hereinafter indicated; and no 
changes whatever shall be made in the routes of such highways 
prior to three years after the filing of the first map thereof, except 
that in the event the routes as first selected and shown do not total 
a mileage equal to the percentage allowed for that county, addi¬ 
tional roads may be added until the total percentage is equaled. 

15. When county board fails to forward to State Highway 
Commission map within six months.] § 15. If any county 
board shall fail within six months after the passage of this Act to 
forward to the State Highway Commission a map showing the 
routes selected for State aid roads, then the State Highway Com¬ 
mission may make such selection itself from the best information 
that may be available, and a copy of such map with the roads 
selected shall be sent to the county clerk of those counties whose 
boards have not made a selection within the six months as herein 
provided, which fact shall be indicated on the map submitted by the 
State Highway Commission; and it shall be the duty of the county 
clerk to file such map among his records. 

16. Improvement of the system — How carried on.] § 15a. 
The improvement of the system of State highways as herein pro¬ 
vided shall be carried on as follows: From such appropriations as 
the General Assembly may from time to time make for the purpose 
of carrying out the provisions of this Act, there shall be allotted by 
the State Highway Commission each year for each county an amount 



136 


ROADS AND BRIDGES. 


[Div. II. 


that shall bear the same ratio to the total appropriation for that 
year that the total amount levied in each county for roads and 
bridges bears to the total amount levied in the State for roads and 
bridges, as determined from the published reports of the Auditor of 
Public Accounts from the last year so reported: Provided, that to 
counties, in which more than 40 per cent of the total amount appro¬ 
priated by the General Assembly for building roads is collected, 
including any amount collected for automobile and kindred licenses, 
and devoted to road building by such appropriation, there shall be 
allotted, under the provisions hereof, an amount equal to twenty-five 
per cent (25%) of the amount so collected in such county. 

The sum so allotted to each county shall be used to defray the 
cost of constructing State aid roads when such work is carried on in 
conformity with the provisions of this Act, provided that the allot¬ 
ment made by the State shall not be used to defray more than one- 
half the cost of any improvement done under the provisions of 
this Act. 

17. Where any county fails to provide amount equal to allot¬ 
ment by State Highway Commission.] § 15b. If for any rea¬ 
son any county shall within six months from the date of the allot¬ 
ment fail to provide and appropriate an amount equal to said allot¬ 
ment by the State Highway Commission for the purpose of con¬ 
structing State aid roads, then the amount so allotted shall be for¬ 
feited by said county and the same shall be re-allotted to those 
counties which have complied with the requirements herein 
contained. 


18. What considered sufficient acceptance of allotment to 
county.] § 15c. It shall be considered sufficient acceptance of 
the allotment to a county of the State appropriation for the con¬ 
struction of State aid roads, if a county board shall give notice to 
the State Highway Commission that it has assessed a tax to raise 
its portion of the cost, or that it has passed an order submitting to a 
vote of the people the question of raising an additional tax for this 
purpose, or that it has passed an order submitting to a vote of the 
people the question of issuing bonds for this purpose. Otherwise, 
a county’s allotment shall be considered forfeited, as provided in 
section 15b of this Act. 


19. Proceedings for construction of state aid road—Pre¬ 
liminary resolution of county board.] § 16. Whenever the 
county board of any county desires to initiate proceedings for the 
construction of a State aid road, along a route designated as afore¬ 
said such county board may proceed in the manner following. The 

dpm n iL b0 fB d ^ paSS a res ? luti ° n stating that the public interest 
emands the improvement of a highway or section thereof within 



Div. II.] 


STATE AID. 


137 


the county, and requesting that it be constructed or improved as pro¬ 
vided in this article. Such resolutions shall contain a description 
of such highway or section thereof. The county clerk shall, within 
ten days after the passage of such resolution, transmit a certified 
copy thereof to the State Highway Commission. 

20. Examination of proposed highway—Approval or disap¬ 
proval by commission,] § 17. As soon as practicable after the 
receipt of such resolution, the State Highway Commission shall 
consider the apparent desirability and importance of the proposed 
improvement, and shall determine whether such proposed improve¬ 
ment will be of public utility and convenience, and whether the con¬ 
struction thereof will be practically possible. After such considera¬ 
tion the commission shall certify their approval or disapproval of the 
proposed improvement to the county board making application 
therefor. 

21. Maps, plans, specifications and estimates.] § 18. 

Whenever the commission shall have made their preliminary order 
as aforesaid, in favor of the construction or improvement of a pub¬ 
lic highway or section thereof, the said commission shall direct the 
State Highway Engineer, or the assistant State highway engineer to 
cause proper surveys to be made and to prepare suitable maps, plans, 
specifications and estimates of cost of the proposed improvement. 
In the preparation of such plans, specifications and estimates, the 
State Highway Commission may cause to be included therein, the 
value of any materials or the fair rental value of any implements, 
apparatus or machinery suitable for road construction which the 
State Highway Commission desires should be furnished or supplied 
by the State. In the preparation thereof the State Engineer may 
call upon the county superintendent of highways to render such 
assistance and to perform such part of such work as he shall deem 
necessary. The preparation of such plans, specifications, surveys 
and estimates of cost shall be subject to the general direction and 
control of the State Highway Commission. If deemed advisable 
such plans, surveys, specifications and estimates may provide for 
the widening of an existing highway, or provide for a reasonable 
deviation from the route described in the preliminary resolution of 
the county board. 

22. Eminent domain.] § 19. In case the plans and surveys 
provided for in the preceding section require the taking or damag¬ 
ing of the property of any private land owner the State Highway 
Commission in such manner as they may determine, shall, if possi¬ 
ble, agree with such private owner relative to the amount of dam¬ 
ages sustained, conditioned upon the construction of the proposed 
improvement. Such agreement when made, shall be given full force 



138 


ROADS AND BRIDGES. 


[Div. II. 


and effect according to the terms thereof. In case such land owner 
fails to reach an agreement with the commission respecting such 
damages, or is legally incapable of so doing, the said State Highway 
Commission may file a petition in any court of competent jurisdic¬ 
tion addressed to any judge thereof in vacation, praying for the 
assessment of damages for such proposed improvement, after the 
manner now provided by law relative to the exercise of the right of 
eminent domain. The damages as thus finally determined either 
by agreement or proceedings in eminent domain shall be included 
in the estimate of the cost of the proposed improvement, to be borne 
equally by the State and the county constructing the same. 

In case a proposed improvement be abandoned after a resort 
to proceedings in eminent domain as aforesaid, the costs of such 
proceedings to which the property owner is by law entitled, shall 
nevertheless be paid one-half out of the State road and bridge fund 
and the remaining one-half by the county. 

23. Report to State Highway Commission and to County 
Board.] § 20. Whenever the surveys, plans, specifications and 
estimates of the proposed improvement are fully completed and 
determined, the State Highway Engineer shall make a complete 
report thereof and deliver the same to the State Highway Commis¬ 
sion, and shall also transmit a copy thereof to the county board of 
the county wherein it is proposed to construct the improvement. 

24. Final resolution of State Highway Commission.] § 21. 
Upon receiving the surveys, plans, specifications and estimates pro¬ 
vided for in the preceding sections, the State Highway Commission 
shall finally determine whether they will authorize the construction 
of the proposed improvement as a State aid road. The commission 
shall thereupon at once cause a copy of such determination to be 
transmitted to the county board. 

25. Final resolution of county board.] § 22. At any regu¬ 
lar or special meeting of the county board held after notice of the 
decision of the State Highway Commission to authorize the con¬ 
struction of the proposed improvement as aforesaid, the county 
board shall determine whether it will authorize the proceedings 
necessary to enable the county to contribute the one-half of the cost 
required for the construction of State aid roads as provided in this 
Act. VV hen a county board has once adopted a final resolution pro¬ 
ving for the construction or improvement of a highway or a section 
thereof in accordance with such plans and specifications, no resolu¬ 
tion thereafter adopted by such board shall rescind or annul such 
prior resolution, either directly or indirectly, excepting undefi the 
advice and with the consent of the State Highway Commission. In 
case the county board desires that such provision be made for the 




Div. II.] 


STATE AID. 


139 


construction of a State aid road, it may proceed in either of the 
methods following: 

(1) In case there be sufficient funds in the county treasury 
available therefor, the county board may appropriate therefrom 
sufficient to meet one-half the cost of the improvement. 

(2) If the county board so desires and deems it necessary for 
the purpose of the improvement herein authorized, the said county 
board, in the manner now provided by law for issuing bonds for 
county purposes, may submit to the legal voters of their county the 
question of issuing such county bonds. In such case the votes in 
favor of the proposition submitted shall be “For County Bonds for 
State Aid Roads,” and those against shall be “ Against County Bonds 
for State Aid Roads.” 

26. § 23. All moneys appropriated by any county board to 
aid in the construction of a State aid road, and all moneys raised by 
taxation therefor shall be held as a separate fund therefor until 
paid out according to the provisions of this Act, and shall not be 
expended for any other purpose. 

27. Final notice to State Highway Commission.] § 24. In 
case the county finally determines in either of the methods indicated 
in the preceding section, to make provisions for the contemplated 
State aid road, the county clerk shall at once notify the State High¬ 
way Commission thereof. 

28. Order of construction of State aid roads.] § 25. Upon 
the receipt of the notice that the county has finally determined upon 
the construction of a State aid road in the manner aforesaid, the 
State Highway Commission shall proceed as provided in this article. 
In so far as practicable, in the opinion of the State Highway Com¬ 
mission, the construction and improvement of State aid roads shall 
be taken up and carried forward within the several counties of the 
State in the consecutive order of the date of the receipt by the com¬ 
mission of the certified copies of the final resolutions adopted by the 
various^ county boards making provision for such construction or 
improvements, as aforesaid: Provided, that until the notices and 
proceedings have been given and had as in the preceding sections 
provided the designated roads shall remain under the control of the 
township road authorities. 

29. Contract for State aid roads.] § 26. State aid roads 
may be constructed or improved by contract in the manner pro¬ 
vided herein. No contract for the improvement or construction of 
a State aid road shall be entered into unless at the time, there is in 
the State road and bridge fund, subject to the order of the State 
Highway Commission, sufficient moneys to defray the portion of the 
cost thereof which the State is required to contribute under the pro¬ 
visions of this Act. Upon the completion and final adoption or ap- 



140 


[Div. II. 


ROADS AND BRIDGES. 


proval, as provided by law, of the plans and specifications and esti¬ 
mates for the construction or improvement of a State aid road, a 
contract therefor may be executed as provided herein. 

In letting contracts for the building of bridges, or culverts, 
wherein the county alone is interested, or wherein the county and 
State are interested, or the county and township or road district are 
interested, it shall be the duty of the officials in letting said contracts 
to invite, receive and consider proposals on any other plan other 
than the one prepared by the county superintendent of highways, or 
State Highway Commission, and they shall require that all proposals 
on such plans shall be accompanied with complete stress diagrams, 
and specifications; nature, quality and size.of materials to be used; 
strength of structure when completed, etc., it being understood, how¬ 
ever, that before any such plan shall be finally adopted, it shall, in 
like manner as all other plans, profiles, specifications and estimates 
submitted, have the approval of the county superintendent of high¬ 
ways and the State Highway Commission. 

(1) Advertising for Proposals.] The State Highway Com¬ 
mission shall advertise for proposals for the construction or im¬ 
provement of such highways or sections thereof according to th& 
plans, specifications and estimates prepared therefor. The advertise¬ 
ment shall be limited to a brief description of the work proposed to 
be done, the terms and conditions under which proposals will be re¬ 
ceived, the time and place where the same will be opened, and such 
other matters as the commission may deem advisable to include 
therein. Such advertisement shall be published at least once in each 
week for two consecutive weeks in a newspaper, published in the 
county in which such highway or section thereof is to be constructed 
or improved, and in such other newspapers as the commission may 
designate. In such advertisement the State Highway Commission 
may provide that certain materials, or machinery or implements suit¬ 
able for road construction, shall be furnished by the State or used 
in the construction of said State aid road, and may also indicate the 
fair value of the same or for the use thereof. 

(2) Proposals.] Each proposal shall specify the gross sum 
for which the work will be performed exclusive of such materials 
as may be furnished by the State and also shall include the amount 
to be charged for such item specified in the estimate. The commis¬ 
sion may prescribe and furnish forms for the submission of such 
proposal and may prescribe the manner of submitting the same 
which shall not be inconsistent herewith. The proposals shall be 
publicly opened at the time specified in the advertisement afore¬ 
said and when opened such proposals shall be subject at all reason¬ 
able times to public inspection and at the time of opening shall be 
publicly read. 





Div. II.] 


STATE AID. 


141 


(3) Award of Contract.] The contract for the construction 
or improvement of such highways or section thereof shall be 
awarded to the lowest responsible bidder except that no contract 
shall be awarded at a sum which, together with the value of mate¬ 
rials and machinery to be furnished by the State as fixed by the 
State Highway Commission, shall exceed the estimate made for the 
construction or improvement of such highway or section thereof in 
accordance with the aforesaid plans and specifications. The lowest 
bid shall be deemed to be that which specifically states the lowest 
gross sum for which the entire work shall be performed, including 
all the items specified in the estimate therefor. 

(4) Rejection of Proposals.] The commission may reject 
any or all proposals and may at once advertise for new proposals as 
hereinbefore provided, if in their opinion the best interests of the 
State will thereby be promoted. 

(5) Form of Contract.] The commission shall prescribe 
the form of contract and may include therein such matters as they 
may deem advantageous to the State. Such form shall be uniform 
in so far as may be. 

(6) Bond of Contractor.] Each contractor, before entering 
into a contract for such construction or improvement, shall execute 
a bond in the form prescribed by the commission, with sufficient 
sureties to be approved by the commission, conditioned that he will 
perform the work in accordance with the terms of the contract, and 
with the plans and specifications and that he will commence and 
complete the work within the time prescribed in the contract. Such 
bond shall also provide against any direct or indirect damages that 
may be suffered or claimed on account of such construction or im¬ 
provement during the time thereof, and until the highway is accepted. 

(7) Payments on Contracts.] The contract may provide 
for partial payments to an amount not exceeding 90 per centum of 
the value of the work done which shall be paid in the manner pro¬ 
vided by this article when certified to by the commission. In case 
partial payments are made the State and county shall each pay one- 
half thereof as the work progresses. Ten per centum of the con¬ 
tract price shall be retained until the entire work has been completed 
and accepted. 

30. Acceptance of State aid road when completed.] § 27 

Upon the completion of a State aid road or section thereof con¬ 
structed or improved under a contract let as provided in this article, 
the State Highway Engineer shall inspect the same, and if com¬ 
pleted as provided in the contract, he shall thereupon report to the 
State Highway Commission. If the commission approve, they shall 
notify the contractor thereof and the highway or section thereof so 
constructed or improved shall be deemed to have been accepted by 




142 


ROADS AND BRIDGES. 


[Div. II. 


the State. Such acceptance shall also be communicated by the State 
Highway Commission to the county clerk of the county wherein 
such improvement or portion thereof is located. 

31. Payments—How made—Effect of contract.] § 28. 
Upon the acceptance by the State of an improvement as hereinbefore 
provided, the contractor shall be entitled to receive the portion of the 
contract price then remaining due and unpaid. The contractor shall 
receive one-half of the total cost of such improvement directly from 
the State treasury, and the other half shall be paid by the county to 
such contractor. 

Upon the order of the State Highway Commission, the Auditor 
of Public Accounts is hereby authorized to draw his warrant upon 
the State Treasurer for any unexpended balance remaining in the 
State road and bridge fund. 

32. Legal effect of contract.] § 29. Any contract entered 
into by 1 and between the State Highway Commission and any con¬ 
tractor for the construction of a State aid road according to the 
provisions of this Act shall be taken and held to confer upon the 
contractor the right to enforce in any appropriate legal action 
against the county wherein the improvement is located the payment 
of the portion of the cost thereof which the county is required to 
pay under the provisions' of this Act. 

33. Roads constructed directly by the State.] § 30. In case 
the State Highway Commission upon a second advertisement for 
bids or proposals for the construction or improvement of a State 
aid road shall not be able to let the contract for a sum, which, 
together with the value of materials, apparatus, implements and 
machinery to be furnished by the State determined as aforesaid, shall 
not exceed the estimate of the cost thereof previously made by the 
State Highway Engineer, the State Highway Commission may then 
proceed directly to construct such State aid road. In such case the 
county within which such proposed improvement shall be located, 
shall not be required to contribute thereto more than one-half the 
estimated cost thereof as aforesaid. 

34. County line roads.] § 31. State aid roads may be con¬ 
structed or improved ori county lines. In case two counties desire 
to secure the construction or improvement of a public highway situ¬ 
ated upon or near the boundary line between them, the respective 
county boards thereof may, by appropriate resolutions, initiate pro¬ 
ceedings therefor. To this end such county boards may, by con¬ 
curring resolutions, fix the portion of the one-half the total cost of 
construction which should be borne by each county. Such resolu¬ 
tions when duly transmitted to the State Highway Commission shall 






Div. II.] 


STATE AID. 


143 


be considered in such cases as the preliminary application therefor, 
as hereinbefore provided. If approved by the State Highway Com¬ 
mission, each county board may appropriate the portion of the cost 
to be borne by such county, or authorize the submission of the ques¬ 
tion of issuing bonds as hereinbefore provided. 

In all proceedings contemplating the construction or improve¬ 
ment of a county line road as provided in this section, all acts of 
each county board relative thereto, together with the result of any 
vote upon the question of levying a tax or issuing bonds as provided 
herein, shall be communicated by the county clerk of each county to 
the county clerk of the other county, as well as to the State Highway 
Commission. 

In case either county shall refuse to take the steps necessary to 
secure the construction or improvement of such county line road, as 
provided in this section, then all prior proceedings relative thereto 
on the part of the other county shall be regarded as suspended. 

35. Repair and maintenance of State aid roads.] § 32. 
Whenever any State aid road shall be constructed or improved in 
any county under the provisions of this Act, the State Highway 
Commission, either directly or through the State Highway Engineer, 
the assistant State highway engineer, or the county superintendent 
of highways shall thereafter keep all such roads in proper repair, 
and the total cost of such maintenance shall be paid out of the State 
road and bridge funds upon the warrant of the Auditor, whenever 
such payment shall be ordered by the State Highway Commission. 
For the purpose of keeping such roads in proper repair the State 
Highway Commission shall have authority to purchase all necessary 
tools, machinery, supplies and materials, and may employ, or au¬ 
thorize the State Highway Engineer to employ, all labor necessary 
therefor. 

36. Public utilities.] § 33. No steam or electric railroad 
company, telephone or telegraph company, or company laying or 
using pipe lines, shall have the right to locate or construct its road 
or place its poles or wires, or lay its pipe lines upon or along any 
State aid road, without the consent of the county board of the county 
wherein it is proposed to place or locate the same. Such consent may 
be granted for any period not longer than twenty years upon peti¬ 
tion of the company, upon such terms and conditions, not incon¬ 
sistent with this Act, as such county board shall deem for the best 
interests of the public: Provided\ that before any such consent of 
the county board shall become effective the said county board shall 
receive the approval of the State Highway Commission to the use 
of the said State aid road for such purpose and the conditions upon 
which the same shall have been granted: And, provided, further , 




144 


[Div. 11. 


ROADS AND BRIDGES. 


that no such consent shall be granted except upon the condition that 
the company will pay all damages to the owners of the property 
abutting upon said State aid road which they may sustain by reason 
of the location or construction of the said steam or electric railroad 
or the placing of the said telephone or telegraph poles or wires, or 
the laying of the said pipe lines, the same to be ascertained and paid 
in the manner provided by law for the exercise of the right of emi¬ 
nent domain. 


ARTICLE V. 

BRIDGES AND IMPROVEMENTS CONSTRUCTED AND REPAIRED BY A 

COUNTY OR AT THE JOINT EXPENSE OF A COUNTY AND ANY 
TOWN OR ROAD DISTRICT THEREIN. 

37. Bridges may be built by county. 

38. Aid from county board. 

39. Bridges built by two counties. 

40. Contracts by commissioners of adjoining counties. 

41. Approaches to bridges on or near county lines. 

42. Suit on joint contract. 

3'/. Bridges may be built by county.] § 34. In case the 
county board shall deem it expedient to build a bridge in any town 
or road district therein, the said county board may order the same 
built at the entire expense of such county. Such bridge shall in 
such case be constructed according to plans and specifications pre¬ 
pared by the county superintendent of highways, subject to the ap¬ 
proval of the State Highway Engineer. 

38. Aid from county board.] § 35. When it is necessary 
to construct or repair any bridges over a stream, or any approach 
or approaches thereto, by means of an embankment or trestle work 
on a public road, in any town or district or on or near to or across a 
town or district line, in which work the town or district is wholly 
or in part responsible, and the cost of which will be more than 
twelve cents on the one hundred dollars on the latest assessment roll, 
and the levy of the road and bridge tax for two years last past in 
said town or district was in each year for the full amount allowed 
by law to be raised therein for all road and bridge purposes except 
for damages incurred in laying out, altering, widening or vacating 
roads, the major part of which levy is needed for the ordinary repair 
of the roads and bridges, the commissioner of highways may peti¬ 
tion the county board for aid, and if the foregoing facts shall ap¬ 
pear, the county board shall appropriate from the county treasury 
a sum sufficient to meet one-half of the expenses of said bridge or 
other work, on condition the town or district asking aid shall fur¬ 
nish the other half of the required amount. 




Div. II.] BRIDGES BUILT BY TWO COUNTIES. 145 


Letting Contracts.] When it is determined by the county 
board to grant the prayer of the highway commissioner asking aid 
for the construction of such bridge or other expensive work, the 
county board shall thereupon enter an order directing the county 
superintendent of highways to prepare plans and specifications for 
such improvement. The contract for such improvement shall 
thereupon be let in the manner authorized by said county board, 
subject to provisions of the law relating to the letting of contracts: 
Provided, however, that no county, town or road district shall be 
liable for any part of such expenses or compelled to pay any part 
of its appropriation for such purpose until all of the work has been 
fully completed and accepted by the county superintendent of high¬ 
ways and such acceptance properly certified to by said officer and 
presented to the county board at a meeting held after the completion 
of said work, which certificate shall contain itemized account of the 
expenditures; and a copy thereof shall also be filed with the town or 
district clerk as the case may be. 

39. Bridges built by two counties.] § 36. Bridges over 
streams which divide counties, and bridges on roads on county lines, 
and bridges within eighty rods of county lines, shall be built and 
repaired at the expense of such counties. And all such bridges over 
streams which form the boundary line between two counties, and 
all such bridges within eighty rods of such boundary line, when the 
cost of constructing the same shall be $5,000 or over, shall be built 
by such counties respectively in the proportion that the taxable prop¬ 
erty in each county respectively bears to each other according to its 
assessed value as equalized at the time of constructing such bridge. 
And when any county desires to build any such bridge across any 
stream which is the boundary line between such county and another 
county, or desires to build any such bridge within eighty rods of 
such boundary line, and the cost of such bridge will equal or exceed 
$5,000, and the county desiring to construct such bridge has appro¬ 
priated its share of the cost of constructing the same, then it shall 
be the duty of such other county to make an appropriation for its 
proportion of the cost of said bridge on the basis of the assessed 
value of the property, real and personal, of each of said counties 
according to the last preceding assessment thereof as equalized, and 
if such other county fails or refuses to make an appropriation for 
its proper proportion of the cost of constructing such bridge, any 
court of competent jurisdiction shall issue an order to compel such 
county to make such appropriation upon a proper petition for that 
purpose, and the cost and expense of maintaining and keeping the 
same in repair after the same is built and constructed shall be borne 
in the proportion of the assessed value of the property in each of 




146 


ROADS AND BRIDGES. 


[Div. II. 


said counties according to the latest equalized .ssessment thereof: 
Provided, that for the building and maintaining of bridges over 
streams near county lines in which both are interested and where 
the cost thereof is less than $5,000, the expense of building and 
maintaining any such bridge shall be borne by both counties in such 
portion as shall be just and equitable between the counties, taking 
into consideration the taxable property in each, the location of the 
bridge, and the advantage of each, to be determined by the com¬ 
missioner in making contracts for the same, as provided for in sec¬ 
tion 37 of this Act. 

40. Contracts by commissioners of adjoining counties.] 

§ 37. For the purpose of building or keeping in repair such bridge 
or bridges, it shall be lawful for the county boards of such adjoining 
counties, to enter into joint contracts, and such contracts may be 
enforced in law or equity against such county boards, and such 
county boards may be proceeded against jointly, by any parties in¬ 
terested in such bridge or bridges, for any neglect of duty in refer¬ 
ence to such bridge or bridges, for any damage growing out of such 
neglect. 

41. Approaches to bridges on or near county lines.] § 38. 

Approaches to all bridges built and constructed under and by virtue 
of the three preceding sections, shall be built, constructed and main¬ 
tained by the respective counties within which such approach or ap¬ 
proaches may be located, and all approaches to any and all such 
bridges as have heretofore been built and constructed. 

42. Suit on joint contract.] § 39. If the county board of 
any such county, after reasonable notice in writing from such other 
county board shall neglect or refuse to build or repair any such 
bridge when any contract or agreement has been made in regard to 
the same, it shall be lawful for the county board so giving notice to 
build or repair the same, to recover, by suit, one-half (or such 
amount as shall have been agreed upon) of the expense of so build¬ 
ing or repairing such bridge, with costs of suit and interest from 
the time of the completion thereof, from the county board so neglect¬ 
ing or refusing. 




Div. IT.] 


TOWN AND DISTRICT ORGANIZATION. 


147 


ARTICLE VI. 

TOWN AND DISTRICT ORGANIZATION AND ADMINISTRATION FOR HIGH¬ 
WAY PURPOSES. 

Subdivision I. 

Organization: Division Into Tovms and Districts. 

43. Town and district organization similar. 

44. Counties not under township organization—division into districts. 

1. Counties already divided into districts. 2. Counties not 
already so divided. 3. Corporate name of district. 4. Corporate 
capacity of district. 5. Alteration of boundaries of road districts. 

43. Town and district organization similar.] § 40. For all 

purposes relating to the construction, repair, maintenance and super¬ 
vision of roads and bridges, the several towns in counties under 
township organization, and road districts in counties not under town¬ 
ship organization, shall, as near as may be, and subject to the pro¬ 
visions of this Act, be regarded as analogous in corporate authority, 
and the powers and duties of the highway officers thereof shall be 
similar in extent and effect. 

44. Counties not under township organization—Division 
into districts.] § 41. Counties not under township organization 
shall be divided into road districts by the county boards thereof, in 
the manner hereinafter set forth. All road districts, where it is 
practicable, shall be composed of territory not less than a congres¬ 
sional township. Fractional or whole townships may be added to 
other fractional or whole townships. The districts so formed shall 
be designated by some number. 

(1) Counties Already Divided Into Districts.] In coun¬ 
ties not under township organization, wherein road districts are 
already now laid out and established under the provisions of an 
Act approved May 4, 1887, in force July 1, 1887, entitled, “An Act 
to provide for the organization of road districts, the election and 
duties of officers therein, and in regard to roads and bridges, in 
counties not under township organization, and to repeal an Act and 
parts of Acts therein named,” the road districts already laid out 
therein by the county boards thereof shall be continued in existence, 
unless the same shall be altered in the manner hereinafter set forth: 
Provided, however, that all incorporated cities, towns and villages 
which have heretofore been excluded from road districts in such 
counties shall hereafter be included therein, and in all cases where 
necessary therefor, the county boards of such counties shall make 
provision to create such city, town or village into a road district, or 
to make it a part of some road district already formed. 





148 


ROADS AND BRIDGES. 


[Div. II. 


(2) Counties Not Already So Divided.] In all counties 
not under township organization, and operating under the provisions 
of an Act approved May 10, 1901, entitled, “An Act in regard to 
roads and bridges, and to provide for the adoption of the same,, 
and wherein road districts are not already laid out and established, it 
shall be the duty of the county boards thereof, at their first session 
after this Act shall be in force and effect, to divide such counties into 
road districts, as provided herein. 

(3) Corporate Name of District.] The corporate name of 

each district shall be “Road District No.and all actions 

by or against such district shall be in its corporate name. 

(4) Corporate Capacity of District.] Every district so 
organized shall have corporate capacity to exercise the powers 
granted thereto, or necessarily implied and no others. It shall have 
power: (1) To sue and be sued. (2) To acquire by purchase, 
gift or devise, and to hold property, both real and personal, for the 
use of its inhabitants, and again to sell and convey the same.. (3) 
To make all such contracts as may be necessary in the exercise of 
the powers of the district. 

(5) Alteration of Boundaries of Road Districts.] The 
board of county commissioners of each county shall have full and 
complete power and jurisdiction to alter the boundaries of road 
districts and to change road district lines in their respective counties 
to suit the convenience to the inhabitants residing therein, but no 
such change shall be made under the provisions of this Act unless 
at least twenty of the legal voters of such road district shall petition 
for such alteration or change; nor shall such alteration or change 
be made by such board of county commissioners without notice 
thereof having been given by posting up notices in not less than five 
of the most public places in each of the several towns or road dis¬ 
tricts interested in such proposed alterations or changes. 

Subdivision II. 

Highway Officers: Their Election, Pozvers, Duties and Com¬ 
pensation. 

45. Town and district road officers, a. Commissioners, b. Clerk, c. 

Treasurer, d. Who eligible. 

46. Elections—provisions generally applicable. 

47. Same—counties operating under special act—provisions applicable to 

first election—notices of first election—officers elected—canvass 
of votes—expense. 

48. Elections counties not under township organization—provisions re¬ 

lating to the conduct thereof—annual election for district officers 
—absence of officers—notice of any annual or special election— 
district elections—how conducted—who entitled to vote—canvass 
of votes certificate, poll list and ballots sealed and sent to dis- 





Div. II.] 


HIGHWAY OFFICERS. 


149 


trict clerk—canvass of returns—notice of result of election to 
voters—drawing lots in case of tie—notice—notice of election to 
•persons elected—filing list of officers elected in office of county- 
clerk. 

49. Oath required—neglect to take oath—refusal to serve. 

50. When term of commissioner or clerk expires successor to demand 

books, papers, etc.—when office becomes vacant by resignation or 
otherwise—demand, etc.—delivering upon oath all records, books, 
etc.—oath, by whom administered. 

51. Vacancies in office—counties under township organization. 

52. Same—counties not under township organization—vacancy in office 

—how filled—powers of persons appointed—certificate of ap¬ 
pointment—justice of peace may accept resignation of officer— 
notice. 

53. Meetings, powers and duties of highway commissioners, a. Meet¬ 

ings. b. General powers and duties, c. Report. 

54. Duties of clerk. 1. Recording orders of commissioners. 2. Books 

and stationery for office. 3. Copy of papers and transcripts from 
records—evidence. 

55. Treasurer. 1. Bond. 2. Itemized statement of receipts and dis¬ 

bursements. 

56. Compensation of officers—commissioners—clerk—treasurer—justice 

of the peace. 

57. Offenses and penalties. 

45. Town and district road officers—(A) Commissioners.] 

§ 42. In each township in counties under township organization 
and in each road district in counties not under township organization 
there shall be a board of highway commissioners consisting of three 
members, each of whom shall serve for a term of three years and 
until his successor is duly elected and qualified, and who shall be 
elected in the manner hereinafter set forth. The powers and duties 
of such highway commissioners shall be as hereinafter indicated. 

(B) Clerk.] In counties under township organization the 
town clerk shall act as the clerk of the board of highway commis¬ 
sioners of such town. In counties not under township organization 
there shall be elected in each road district a district clerk, who shall 
hold his office for the term of three years and until his successor is 
elected and qualified. 

(C) Treasurer.] In counties under township organization 
the supervisor of each town shall be ex officio treasurer of the road 
and bridge fund. In counties not under township organization the 
district clerk shall be ex officio treasurer of such fund. 

(D) Who Eligible.] No person shall be eligible to the office 
of highway commissioner unless he shall be a legal voter and have 
been one year a resident of such town or district. In counties not 
under township organization the same limitation shall apply to the 
district clerk. 

46. Elections — Provisions generally applicable.] § 43. In 

all counties under township organization the highway commission- 



150 


ROADS AND BRIDGES. 


[Div. II. 


ers shall be elected at the annual town meeting and subject to the 
laws governing the same. In all counties not under township or¬ 
ganization the highway commissioners and the district clerk shall 
be elected at annual elections to be held on the first Tuesday in April 
in each year. Until the first annual election held after this Act 
becomes effective, the several boards of highway commissioners and 
clerks now in office shall continue to exercise their respective powers 
and duties as heretofore. At such first annual election held after 
this Act shall become effective, there shall be elected in each town¬ 
ship in counties under township organization, and in each road dis¬ 
trict in counties not under township organization, but which have 
already been divided into districts, one commissioner of highways 
as the successor of the commissioner of highways whose term of 
office shall then expire. Thereafter, the several highway commis¬ 
sioners then in office, and thereafter elected, shall exercise all the 
functions, powers and duties provided by this Act. 

47. Same—Counties operating under special Act—Pro¬ 
visions applicable to first election.] § 44. In all counties not 
under township organization which are operating under the optional 
Act entitled, “An Act in regard to roads and bridges in counties not 
under township organization, and to provide for the adoption of the 
same,” approved May 10, 1901, and which counties therefore are 
not already divided into road districts as aforesaid, the county board 
of each of said counties shall, at least twenty days before the first 
Tuesday in April next after this Act shall become effective, designate 
some central and convenient place in each district for the holding of 
the first district election, and shall also appoint three suitable electors 
of the district as judges of the election. 

Notices of First Election.] The county clerk shall there¬ 
upon make out notices, stating the time (which shall be the first 
Tuesday in April thereafter) and place of holding the first district 
election, and the names of the judges of the election so appointed, 
and deliver such notices to the sheriff of the county, who shall cause 
the same to be posted in not less than three of the most public places 
of the district, and not less than fifteen days before the time of hold¬ 
ing such election. 


Officers Elected.] At such first election there shall be elected 
three commissioners of highways of whom one shall hold his office 
for one year, one for two years, and the third for three years, to be 
determined between them by lot before entering upon the duties of 
their office an d untd their respective successors are elected and 
qualified At such first election there shall also be elected a road dis¬ 
trict clerk who shall hold his offce for three years and until his suc¬ 
cessor is elected and qualified. 



Div. II.] 


HIGHWAY OFFICERS. 


151 


Canvass of Votes—Expense.] After the canvass of the votes 
the judges shall make returns as provided in the general election 
laws of this State, to the county clerk, who shall make a canvass of 
the votes and immediately notify the persons elected of their elec¬ 
tion. The expenses of such first election shall be paid by the county. 

48. Elections—Counties not under township organization— 
Provisions relating to the conduct thereof.] § 45. In all counties 
not under township organization the following provisions regarding 
elections shall be applicable. 

Annual Election for District Officers—Absence of Offi¬ 
cers,] The annual election for district officers shall be held on the 
first Tuesday in April, of each year, at the place designated by the 
commissioners of highways. The commissioners of highways shall 
be ex officio judges, and the clerk shall be ex officio clerk of all dis¬ 
trict elections, but before entering upon the discharge of their 
duties they shall take the oath of office prescribed by the general 
election law of the State. In the absence of any of the above named 
officers the vacancy shall be filled by appointment by the commis¬ 
sioners present, and in case there is no commissioner present the 
electors present shall appoint such judges. 

Notice of Any Annual or Special Election.] Notice of 
the time and place of holding any annual or special election shall be 
given by the district clerk, or, in his absence, by the commissioners, 
by posting written or printed notices in at least three of the most 
public places in the district, at least fifteen days prior to such 
election. 

District Elections —How Conducted.] The district elec¬ 
tions shall be conducted in the same manner and subject to the same 
laws and regulations as prescribed for general elections: Provided, 
that no registration of voters shall be required. 

Who Entitled to Vote.] All persons possessing the qualifi¬ 
cations of voters, who reside within the boundaries prescribed for 
such district shall be entitled to vote at such election. 

Canvass of Votes—Certificate, Poll List and Ballots 
Sealed and Sent to District Clerk.] The judges shall, imme¬ 
diately, upon closing the polls, make a canvass of the votes polled 
in the manner provided by the general election law of the State, and 
make a writen statement or certificate of the number of votes cast at 
such election for each person or proposition voted for, and the office 
for which such person received such vote, and shall, within forty- 
eight hours thereafter, cause such certificate and poll list, together 
with the ballots cast at such election, to be separately sealed up and 
transmitted to the district clerk to be filed and preserved by him. 

Canvass of Returns—Notice of Result of Election to 
Voters.] The commissioners of highways, together with some jus- 




152 


ROADS AND BRIDGES. 


[Div. II. 


tice of the peace to be by them selected, and the district clerk shall, 
within five days after any election is held, meet and canvass said 
returns, and declare the result of said election. The canvass being 
completed, a statement of the result shall be entered at large, by the 
clerk of election, in the minutes of the proceedings, to be kept by 
him as required by this Act, which shall be publicly read by him to 
the electors present; and such reading shall be deemed notice of the 
result of the election, to every person whose name shall be entered 
on the poll list as a voter. 

Drawing Lots In Case of Tie—Notice.] In case two or 
more persons shall have an equal number of votes for the same 
office, the question of which shall be entitled to the office shall be 
decided by lot, under direction of the district clerk, but he shall give 
each party at least five days’ notice of the time and place of drawing 
lots. 

Notice of Election to Persons Elected—Filing List of 
Officers Elected in Office of County Clerk.] The clerk, 
within ten days after the canvass of the votes as hereinbefore pro¬ 
vided in this section, shall transmit to each person elected to any 
district office, a notice of his election. He shall also file in the office 
of the county clerk a list of the names of all district officers elected 
at such election, who have qualified, within twenty days after such 
election shall be held. 


49. Oath required.] § 46. Every person elected or ap¬ 
pointed to the office of commissioner of highways, and every district 
clerk in counties not under township organization, before he enters 
upon the duties of his office, and within ten days after he shall be 
notified of his election or appointment, shall take and subscribe, 
before some justice of the peace or district or town clerk, the oath 
or affirmation of office prescribed by the Constitution, which oath 
shall, within five days thereafter, be filed with the district or town 
clerk. 


In counties under township organization, no additional oath 
shall be required of the town clerk, to enable him to enter upon the 
discharge of the duties of his office as ex officio clerk of the board 
ot highway commissioners. 

, Neglect to Take Oath—Refusal to Serve.] If any person 

nepfect to ® P , polnted to , eltl I!; r of the offices above enumerated, shall 
to take an d subscribe such oath, and cause the same to be 

S e've ° Ve re 1 ulred > such negle-t shall be deemed a refusal to 


to Ho 5 LAu en . term of commissi °ner or clerk expires, successor 
to demand books, papers, etc.] § 47. When the term of -mv 
commissioner °f highways or clerk shall expire, and other person! 
shall be appointed to such office, it shall be the duty of suchsuc- 






Div. II.] 


HIGHWAY OFFICERS. 


153 


cessor, immediately after he shall have entered upon the duties of 
his office, to demand of his predecessor all the books, papers, moneys 
and other property under his control, belonging to such office. 

When Office Becomes Vacant by Resignation or Other¬ 
wise—Demand, Etc.] Whenever either of the officers above 
named shall resign, or the office become vacant in any way, and an¬ 
other person shall be elected or appointed in his stead, the person so 
elected or appointed shall make such demand of his predecessor, or 
of any person having charge of such books, papers, moneys or other 
property. 

Delivering Upon Oath All Records, Books, Etc.—Oath, 
By Whom Administered.] It shall be the duty of every person so 
going out of office, whenever thereto required pursuant to the fore¬ 
going provisions, to deliver up on oath, all the records, books, 
papers, moneys and other property in his possession or in his control 
belonging to the office held by him; which oath may be administered 
by the officer to whom such delivery shall be made. 

51. Vacancies in office—Counties under township organiza¬ 
tion.] § 48. In counties under township organization the pro¬ 
visions of law applicable to resignations from town offices, and the 
filling of vacancies therein, shall apply to highway officers in the 
same manner as to other town officers. 

52. Same—Counties not under township organization.] 
§ 49. In counties not under township organization the following 
provisions shall be applicable relating to vacancies in road district 
offices: 

Vacancy in Office —How Filled—Powers of Persons Ap¬ 
pointed.] Whenever any district shall fail to elect the proper num¬ 
ber of district officers to which such district may be entitled by law, 
or when any person elected to any district office shall fail to qualify, 
or whenever any vacancy shall happen in any district, from death, 
resignation, removal from the district or other cause, it shall be the 
duty of the county board to fill such vacancy by certificate under the 
hand and seal of the county clerk; and the persons so appointed shall 
hold their respective offices until the next annual election, and until 
their successors are elected and qualified; and shall have the same 
powers and be subject to the same duties and penalties as if they 
had been duly elected by the electors. 

Certificate of Appointment.] When any appointment shall 
be made, as aforesaid, the county clerk shall cause the certificate of 
appointment to be forthwith filed in the office of the district clerk, 
who shall immediately give notice to each person appointed. 

Justice of Peace May Accept Resignation of Officer— 
Notice.] Any justice of the peace residing in such district, or if 
there be no justice residing in such district, then any justice in the 




154 


ROADS AND BRIDGES. 


LDiv. II. 


county, may, for sufficient cause shown to him, accept the resigna¬ 
tion of any district officer of his district, and whenever he shall ac¬ 
cept any such resignation, he shall forthwith give notice thereof 
to the district clerk of the district, or in his absence, to the president 
of the board of commissioners of highways, who shall make a 
minute thereof upon the district records. He shall also immediately 
give notice to the county clerk of any vacancy that may exist in any 
district office. 

53. Meetings, powers and duties of highway commissioners 
—(A) Meetings.] § 50. The commissioners of highways of 
each town or road district shall meet on the second Tuesday next 
after the annual town meeting or road district election, in each year, 
at the office of the town or district clerk, and shall organize as a 
board by electing one of their number president. They shall also 
hold a regular semi-annual meeting between the first Tuesday in 
August and the first Tuesday in September of each year, at a time 
to be named by their president, for the purpose of determining the 
tax rate to be certified by them to their respective county boards, as 
hereinafter provided. Said board shall also hold other regular meet¬ 
ings at such times as they shall designate, and special meetings as 
occasion may require at the call of the president, or any two of the 
commissioners, and no official business shall be transacted by the 
board except at a regular or special meeting. The concurrence of 
at least two commissioners shall be required in all official actions 
taken by the board as a body, and all certificates or documents here¬ 
inafter required to be made or executed by the board of highway 
commissioners shall be signed by at least two members of said board. 

(B) General Powers and Duties.] The highway commis¬ 
sioners of each town or road district shall have power and it shall 
be their duty : 

(1) To lay out, alter, widen or vacate roads as hereinafter 
provided. 

(2) To cause such roads used as highways as have been laid 
out as dedicated to public use, but not sufficiently described, and 
such as have been used for twenty years, but not recorded, to be 
ascertained, described and entered of record in the office of the dis¬ 
trict or town clerk. 

(3) . To determine the taxes necessary to be levied on prop¬ 
erty within his town or district for road and bridge purposes, sub¬ 
ject to the limitations hereinafter provided. 

(4) To. direct the expenditure of all moneys collected in the 
town or district for road and bridge purposes and to draw warrants 
on the town or district treasurer therefor. 

(5) To direct the construction and repair of roads and bridges 
within the town or district, to let contracts, employ labor and pur- 




Div. II.] HIGHWAY OFFICERS—POWERS AND DUTIES. 


155 


chase material and machinery therefor, subject to the limitations 
herein provided: Provided, however, that no contract shall be let for 
the construction or repair of any road or bridge or part thereof in 
excess of the amount of $200, nor shall any machinery or other ap¬ 
pliances to be used in road construction in excess of such amount 
be purchased without the approval of the county superintendent of 
highways. 

(6) To have general charge of the roads and bridges of their 
town or district, to keep the same in repair and to improve them 
so far as practicable. 

(7) To take possession of and keep under shelter, when not 
in use, all scrapers, plows and other tools belonging to the town 
or district wherever the same may be found, and not allow the same 
to go to waste, and not lend the same, except to persons employed to 
work the roads by contract or otherwise. 

(8) To cause to be erected and kept in repair at the forks 
or crossing place of the most important public roads, post and guide 
boards, with plain inscription thereon, in letters and figures, giving 
directions and distances to the most noted places to which such 
road may lead; to prevent thistles, burdock, cockleburs, mustard, 
yellow-dock, Indian mallow and gympson weed from seeding, and to 
extirpate the same so far as practicable; and to prevent all rank 
growth of vegetation in the public highway by causing the same to 
be cut and destroyed prior to the seeding of the same, and at the 
farthest prior to September 1st, in each and every year; and the said 
commissioners may, at their discretion, adopt any suitable and con¬ 
venient mode of supplying water in troughs conveniently situated 
on the public highway for public use. 

(9) To issue their warrant or order on the treasurer of the 
board of highway commissioners for the payment of all moneys 
paid out by such treasurer. 

(C) Report.] The highway commissioners shall annually 
make report in writing showing: 

(1) The amount of poll tax assessed, how much paid, and how 
much delinquent. 

(2) The amount of rOad and bridge money received by him, 
and a full and detailed statement as to how and where expended, 
and the balance, if any, unexpended. 

(3) The amount paid for damages in laying out, altering, 
widening or vacating roads, and right-of-way for ditches. 

(4) The amount of liabilities incurred and not paid; and if 
such liabilities are undetermined, they shall be estimated. 

(5) Any additional matter concerning the roads and bridges 
of the district he may think expedient and proper to make. 

In counties under township organization such report shall.be 
made to the board of town auditors at the semi-annual meeting im- 



156 


ROADS AND BRIDGES. 


[Div. II. 


mediately preceding the annual town meeting. In counties not under 
township organization such report shall be made not later than the 
last Tuesday in March to the district clerk who shall file the same 
m his office and he shall record such report at large in the records 
of said road district. 

54. Duties of clerk.] § 51. The town or district clerk shall 

have the custody of all records, books and papers of the town or 
road district, and he shall duly file all certificates or oaths and other 
papers required by law to be filed in his office. He is authorized to 
administer oaths and take affidavits in all cases required by law to 
t\e administered by town or district officers. The duties of the clerk 
shall further include: 

(T) Recording Orders of Commissioners.] He shall record 
in the book of records of his district, all orders and directions of the 
highway commissioners required by law to be kept, and as herein¬ 
after provided for. All records and books required by law to be kept 
by such clerk shall be deemed public records and shall at all times 
be open to inspection without fee or reward. The clerk shall also 
meet with the highway commissioners whenever requested at any 
reasonable time to do so by the latter official. 

(2) Books and Stationery for Office.] The district clerk 
shall, from time to time as may be necessary, procure the proper 
books and stationery for his office and the cost thereof shall be paid 
out of the town or district treasury. 

(3) Copy of Papers and Transcripts from Records—Evi¬ 
dence.] Copies of all papers duly filed in the office of the town or 
district clerk and transcripts from the town or district records certi¬ 
fied to by him shall be evidence in all courts in like effect as if the 
originals were produced. 

55. Treasurer.] § 52. The treasurer of the road and bridge 
fund shall. receive and have charge of all moneys raised: in the 
town or district for the support and maintenance of roads and 
bridges therein, and for road damages, excepting such portions of 
the moneys as hereinafter directed to be paid to the authorities of 
incorporated villages, towns and. cities. He shall hold such moneys 
at all times subject to the commissioners of highways, and shall pay 
them over upon the order of not less than two of them, and not 
otherwise. He shall keep an account in a book provided by the com¬ 
missioners of all moneys received, and all moneys paid out, showing 
in detail to whom and on what account the same is so paid. 

(1) Bond.] The supervisor or clerk, as the case may be be¬ 
fore becoming entitled to act as treasurer, and within ten days after 
his election, shall execute a bond in double the amount of moneys 
likely to come into his hands by virtue of this Act, conditioned that 
he will faithfully discharge his duties as such treasurer, that he will 




Div. II.] 


HIGHWAY OFFICERS—COMPENSATION. 


157 


honestly and faithfully account for and pay over, upon the proper 
orders, all moneys coming into his hands as treasurer, and the bal¬ 
ance, if any, to his successor in office. Such bond shall be payable 
to the town or district, and shall be in such sum as the commissioners 
of highways shall determine. Said bond shall be approved by the 
commissioners of highways, and shall be filed in the office of the 
county clerk with such approval endorsed thereon: Provided, that 
if from any cause the commissioners of highways shall deem the 
bond so given insufficient, they may require a new bond: And, pro¬ 
vided, further, that the commissioners shall have the right to fix any 
other sum to be required in any new bond so given. The commis¬ 
sioners of highways shall have power to bring suit upon such bond 
for any loss or damage accruing to the town or district by reason of 
any non-performance of duty, or defalcation on the part of the said 
treasurer. 

(2) Itemized Statement of Receipts and Disbursements.] 
The treasurer shall also present annually on the first Tuesday in 
April to the highway commissioners an itemized statement of re¬ 
ceipts and disbursements which shall be sworn to. 

56. Compensation of officers—Commissioners.] § 53. The 
commissioners shall each receive for each day necessarily employed 
in the discharge of their duties the sum of two dollars ($2.00) upon 
a sworn statement to be filed by such commissioner in the office of 
the town or district clerk showing the number of days he was em¬ 
ployed and the kind of employment, and giving the dates thereof. 

Clerk.] The town or district clerk shall receive two dollars per 
day for each day he shall be required to meet with the highway com¬ 
missioners, and the same amount per day for the time he shall be 
employed as clerk of election, or in canvassing the returns of such 
election. He shall receive no other per diem. In addition to the 
above he shall also receive fees for the following services, to be paid 
out of the town or district funds, except where otherwise specified. 
For serving notice of election or appointment upon district officers, 
as required by this Act, twenty-five cents each. For posting up no¬ 
tices required by law, twenty-five cents each. For copying any 
record in his office and certifying to the same, ten cents for every 
hundred words, to be paid by the person applying for the same. 

Treasurer.] The ex officio treasurer shall, in addition to the 
other compensation to which he is by law entitled, receive two per 
cent on all moneys paid out by him up to and including two thousand 
dollars and one per cent on all moneys paid out by him in excess of 
two thousand dollars, excepting such amounts as shall have been 
paid to his successor, also except all moneys paid out in payment of 
bonds or other borrowed money. 



158 


ROADS AND BRIDGES. 


[Div. II. 


Justice of the Peace.] The justice of the peace whose serv¬ 
ices are required by this Act, shall receive the sum of two dollars per 
day for his services. 

57. Offenses and penalties.] § 54. If any highway com¬ 
missioner shall wilfully refuse to perform any of the duties enjoined 
upon him by this Act, he shall forfeit not less than ten dollars nor 
more than fifty dollars, and may be proceeded against in the name 
of the town or district for the recovery of such forfeiture before any 
court of the proper county having jurisdiction. 


SUBDIVISION III. 

The Raising of Revenue for Highway Purposes and the Application 

Thereof. 

58. Poll tax. 1. Constable’s duty having execution for poll tax. 

59. General tax levy for road and bridge purposes. 

60. Copy of certificate to be preserved. 

61. Damages for laying out roads, etc.—tax levy for. 

62. Tax rate—extension and collection of tax. 

63. Road damages—orders out of tax to be levied. 

64. Bonds may be issued by vote of special town or district meeting to 

build bridge, etc. 

65. Road and bridge money—how paid. 

58. Poll tax.] § 55. At their annual meeting to be held on 
the second Tuesday after the annual town meeting or district elec¬ 
tion in each year, each board of highway commissioners shall make 
out a list of able-bodied men in their town or district between the 
ages of twenty-one (21) and fifty (50) years and deliver the same 
to the town or district treasurer on or before the first day of May 
in each year, and assess at such meeting against such person upon 
such list a sum of not less than one (1) nor more than three (3) dol¬ 
lars, as a poll tax for highway purposes, to be paid in cash to such 
treasurer by the first Monday of June of each year: Provided, that 
paupers, idiots, lunatics and such others as are exempt by law shall 
not be compelled to pay a poll tax for highway purposes: Provided, 
also, that this list shall not include persons within the limits of cities 
or incorporated villages. The commissioners shall also, within ten 
(10) days after such list is delivered to the treasurer of the road 
and bridge fund, cause written or printed notices to be given to each 
person so assessed, notifying him of the time when and place where 
such tax must be paid, and if this poll tax shall not be paid by the 
first Monday of June in such year it shall be the duty of the com¬ 
missioners of highways, in the name of the district or town, to bring 
suit therefor against such persons before some justice of the peace 
having jurisdiction thereof. Summons shall be issued and returned 






Div. IT.l 


TAX LEVY FOR HIGHWAY PURPOSES. 


150 


in the same manner as provided by law in other cases. If judgment 
is rendered against defendant the court shall find in such judgment 
that the same is for poll tax unpaid, and shall endorse the same on 
the execution, if one is issued. No property belonging to the defend¬ 
ant shall be exempt from levy to satisfy such execution: Provided, 
also, that on petition of not less than twenty-five (25) legal voters 
of any town or district, asking to have the proposition to abolish the 
poll tax submitted to the legal voters of said town, or district, filed 
with the town or district clerk not less than fifteen (15) days before 
the annual town meeting or annual district election, then the town or 
district clerk shall state in the notice of the annual town meeting 
or district election that the legal voters of such town or district may 
vote by ballot for or against the payment of all poll tax, and if a 
majority of all the ballots cast are against the payment of a poll 
tax, then that part of this section, which provides for the levying of 
a poll tax shall no longer be in force in such town or district. 

(1) Constable’s Duty Having Execution for Poll Tax.] 
The constable to whom such execution shall be delivered shall forth¬ 
with collect the moneys therein mentioned. He shall pay the money 
so collected, when collected, to the justice of the peace who issued 
the execution, who is hereby required to pay the same to the treas¬ 
urer. 

59. General tax levy for road and bridge purposes.] § 56. 

At a regular meeting to be held on the first Tuesday in September 
the board of highway commissioners in each town or road district 
shall annually determine and certify to the board of supervisors or 
board of county commissioners the amount necessary to be raised by 
taxation for the proper construction, maintenance and repair of 
roads and bridges in such town or road district. Such certificate 
shall be filed in the office of the county clerk, and by that official 
presented to the county board at their regular September meeting for 
their consideration. The amount so certified if approved by the 
county board, or such part thereof as the said board shall approve, 
shall be extended by the county clerk as taxes against the taxable 
property of such town or district: Provided, however, that the 
county clerk shall not extend against the taxable property of any 
town or road district a rate in excess of sixty-one (61) cents on 
each one hundred dollars valuation of the taxable property of the 
town or district, and if the amount of taxes approved by the county 
board shall be in excess of such rate it shall be the duty of the clerk 
to reduce the same to said rate of sixty-one cents upon each one hun¬ 
dred dollars of the assessed valuation of said town or district. 

60. Copy of certificate to be preserved.] § 57. The com¬ 
missioners of highways of each town or district in addition to cer¬ 
tifying to the county board the amount necessary to be raised by said 




160 


ROADS AND BRIDGES. 


[Div. II. 


town or district for road and bridge purposes therein, shall also 
within the dates aforesaid make out and deliver to the town or dis¬ 
trict clerk a copy of such certificate to be kept on file by such clerk 
for the inspection of the inhabitants of such town or district: Pro¬ 
vided, however, that a failure to file such copy shall not afifect the 
validity of the certificate filed with the county clerk, or of the tax 
levied pursuant thereto: Provided, further, that the town or district 
clerk shall not certify levies of road and bridge taxes to the county 
clerk. 

61. Damages for laying out roads, etc.—Tax levy for.] § 58. 

When damages have been agreed upon, allowed or awarded for lay¬ 
ing out, widening, altering or vacating roads or for ditching to drain 
roads, the amounts of such damages, not to exceed for any one year 
twenty cents on each one hundred dollars of the taxable property of 
the town or district shall be included in the first succeeding tax levy, 
provided for in section 56 of this Act, and be in addition to the levy 
for road and bridge purposes; and when collected, shall constitute 
and be held by the treasurer of the road and bridge fund as a sepa¬ 
rate fund to be paid out to the parties entitled to receive the same. 
It shall be the duty of the commissioners of highways at the time 
of certifying the general tax levy for road and bridge purposes 
within their town or district to include and separately specify in such 
certificate the amount necessary to be raised by taxation for the 
purpose of paying such damages. Upon the approval by the county 
board of the amount so certified, as provided in the preceding sec¬ 
tion, the county clerk shall extend the same against the taxable prop¬ 
erty of said town or district, provided the amount thus approved 
shall not be in excess of twenty cents on each one hundred dollars 
of the taxable property therein. 

62. Tax rate—Extension and collection of taxes.] § 59. 

All items of tax levy of any town or district authorized by sections 
56 and 58 of this Act shall be extended by the county clerk as one 
tax upon the collector’s book and when collected shall be paid to the 
treasurer of the commissioners of highways by the collector as fast 
as the same is collected, except such rate per cent as shall be allowed 
for collecting the same: Provided, that one-half the tax required to 
be levied in section 56 and collected for road and bridge purposes, 
on the property lying within an incorporated village, town or city 
in which the streets and alleys are under the care of the corporation, 
shall be paid over to the treasurer of such village, town or city, to 
be appropriated to the improvement of roads, streets and bridges, 
either within or without said village, town or city, and within the 
township, under the direction of the corporate authorities of such 
village, town or city: And, provided, further, that when any of said 
tax is expended beyond the limits of said village, town or city, it 




Div. II.] 


TAX LEVY FOR HIGHWAY PURPOSES. 


161 


shall be with the consent of the highway commissioners of the town¬ 
ship or road district. 

63. Road damages—Orders out of tax to be levied.] § 60. 

Whenever damages have been allowed for roads or ditches, the com¬ 
missioner of highways may draw orders on the treasurer, payable 
only out of the tax to be levied for such roads or ditches, when the 
money shall be collected or received, to be given to persons dam¬ 
aged. 

64. Bonds may be issued by vote of special town or district 
meeting to build bridge, etc.] § 61. When the highway com¬ 
missioners desire to expend on any bridge or other distinct and ex¬ 
pensive work on the road, a greater sum of money than is available 
to them by other means, the said commissioners may call a special 
town or district election to vote on the proposition, which shall be 
clearly stated in the petition substantially as follows: “To borrow 

$.to construct or repair (describe the bridge or other work).” 

Upon determining to call such election the highway commissioners 
shall order the town or district clerk, by an instrument in writing to 
be signed by them, to post up in ten of the most public places in said 
town or district, notices of such special town or district meeting; 
which notice shall state the object, time and place of meeting, the 
maximum sum to be borrowed, and the manner in which the voting 
is to be had, which shall invariably be by ballot, and shall be “For 
borrowing money to (here define the purpose),” or “Against bor¬ 
rowing money to (here define the purpose).” The special town or 
district election shall be held at the place of the last annual town or 
district meeting or election by giving at least ten days’ notice, and 
returns thereof made in the same manner as other special town or 
district elections are now, or may hereafter be provided by law; and 
if it shall appear that a majority of the legal voters voting at said 
election shall be in favor of said proposition the said commissioners 
of highways and town or district clerk, as the case may be, shall 
issue from time to time, as the work progresses, a sufficient amount 
in the aggregate of the bonds of said town or district for the purpose 
of building such bridge, or other distinct and expensive work, said 
bonds to be of such denominations, bear such rate of interest, not ex¬ 
ceeding six per cent, upon such time, and be disposed of as the neces¬ 
sities and conveniences of said town or district officers require: Pro¬ 
vided, that said bonds shall not be sold or disposed of for less than 
their par value, and said town or district shall provide for the pay¬ 
ment of such bonds by appropriate taxation. 

65. Road and bridge money—How paid.] § 62. All road 
and bridge moneys of any town or road district shall be held by the 
treasurer of the road and bridge fund subject to the order of the 
commissioners of highways. 




162 


ROADS AND BRIDGES. 


[Div. II. 


SUBDIVISION IV. 

Provisions Specially Applicable to Bridges and Improvements Con¬ 
structed or Repaired at the Joint Expense of Two 
Adjoining Towns or Districts. 

66. Bridges built by two towns or districts. . 

67. Contracts by commissioners of adjoining towns or districts. 

68 Approaches to bridges on or near town or district lines. 

69 When commissioners of adjoining towns or districts refuse to enter 

into joint contract, bridge may be built and bonds issued by vote 
of town meeting or district election. 

70. Suit on joint contract. 

66. Bridges built by two towns or districts.] § 63. Bridges 

over streams which divide towns or districts and bridges over 
streams on roads on town or district lines, and bridges within eighty 
rods of town of district lines over streams on roads extending from 
one town or district into another town or district and crossing town 
or district lines, shall be built and repaired at the expense of such 
towns or districts : Provided, that the expense of building and main¬ 
taining any bridge over a stream near town or district lines in which 
both are interested and where the cost thereof is less than $5,000, 
shall be borne by both towns or districts in such portion as shall be 
just and equitable between said towns or districts, taking into con- 
. sideration the taxable property in each, the location of the bridge, 
and the advantage of each, to be determined by the commissioners 
in making contracts for the same, as provided for in section 64 of 
this Act. 

67. Contracts by commissioners of adjoining towns or dis¬ 
tricts.] § 64. For the purpose of building or keeping in repair 
such bridge or bridges, it shall be lawful for the commissioners of 
such adjoining towns, or districts, whether they be in the same or 
different counties, to enter into joint contracts, and such contracts 
may be enforced in law or equity against such commissioners jointly, 
the same as if entered into by individuals, and such commissioners 
may be proceeded against jointly by any parties interested in such 
bridge or bridges, for any neglect of duty in reference to such bridge 
or bridges, or for any damage growing out of such neglect. 

6*8. Approaches to bridges on-or near town or district lines.] 
§ 65. Approaches to all bridges built and constructed under and 
by virtue of the two preceding sections, shall be built, constructed 
and maintained by the respective towns or districts within which 
such approach or approaches may be located, and all approaches to 
any and all such bridges have heretofore been built and constructed 
jointly by two or more districts or towns shall be maintained by the 





Dw. II.] 


BRIDGE MAY BE BUILT BY VOTE. 


163 


respective districts or towns within which such approach or ap¬ 
proaches are now located. 

69. When commissioners of adjoining towns or districts 
refuse to enter into joint contract, bridge may be built and bonds 
issued by vote of town meeting or district election.] § 66. 

Whenever the commissioners of either of such adjoining towns or 
adjoining districts, shall refuse to enter into such joint contracts to 
build and maintain such bridge or bridges, the commissioners of the 
other town or district may submit such question to the annual dis¬ 
trict election or town meeting or call a special district election or 
town meeting to vote upon the proposition as to whether such dis¬ 
trict or town shall proceed to build and maintain such bridge or 
bridges at its own expense. If such proposed bridge shall require a 
greater sum of money to complete it than is available to the com¬ 
missioners by other means, they may also submit the proposition to 
such annual or special district election or annual or special town 
meeting, to borrow money to build such bridge. The voting shall be 
by ballot, and if simply the question as to the building of the bridge 
is submitted, if the voter desires to vote for building the bridge, his 
ballot shall state “to build bridge,” and if he desires to vote against 
the proposition, his ballot shall state “against the proposition to 
build bridge.” If the proposition to borrow money to build such 
bridge shall be included in the notice the maximum amount to be 
borrowed shall be stated in the same, and the voter desiring to vote 
affirmatively shall state on his ballot “to build bridge and to bor¬ 
row money to construct the same;” and if he desires to vote nega¬ 
tively, his ballot shall state “against the proposition to build bridge 
and to borrow money to construct the same.” Such special election 
shall be called and held in the same manner as is provided in section 
61 of this Act. If the proposition to build such bridge shall receive 
a majority of all the votes cast at such election or meeting the com¬ 
missioners shall then have the power to contract for the building of 
such bridge and approaches thereto, the same as if the bridge was 
entirely located in such district or town, and shall have the power 
to acquire by purchase, lease or gift, any private bridge already built, 
suited to the purpose, or any land upon which to build the ap¬ 
proaches, or may use for the purpose of such approaches any public 
highway, that may lead to the bank of the stream where said bridge 
is to be built on either side of said stream, whether such highway 
may be within the limits of said town or district or county or not. If 
the proposition to build such bridge and borrow money to build the 
same shall receive a majority of the votes cast at such special or an¬ 
nual election or meeting, the town or district clerk, under the direc¬ 
tion of the commissioners, shall issue from time to time, as the work 



164 


ROADS AND BRIDGES. 


[Div. II. 


progresses, a sufficient amount in the aggregate of the bonds of said 
town or district for the purpose of building such bridge and the 
approaches thereto, or to purchase any private bridge already built, 
as the case may be, said bonds to be of such denominations, bear 
such rate of interest, not exceeding eight per cent, upon such time, 
and be disposed of as the necessities and conveniences of said com¬ 
missioners may require. Such bonds shall not be sold for less than 
their par value, and such town or district shall provide for the pay¬ 
ment of such bonds and interest by appropriate taxation. 

70. Suit on joint contract.] § 67. If the commissioners of 
either of such towns or districts, after reasonable notice in writing 
from the commissioners of any other such towns or districts, shall 
neglect or refuse to build or repair any such bridge when any con¬ 
tract or agreement has been made in regard to the same, it shall be 
lawful for the commissioners so giving notice to build or repair the 
same, to recover, by suit, one-half (or such amount as shall have 
been agreed upon) of the expense of so building or repairing such 
bridge, with costs of suit and interest from time of the completion 
thereof, from the town or district so neglecting or refusing. 

SUBDIVISION V. 

THE LETTING OF CONTRACTS. 

71. Contract of single town or district. 

72. Contracts for improvements to be constructed by two towns or dis¬ 

tricts. 

73. Contractor to furnish bond. 

74. When contracts made payable. 

/5. In letting contracts, etc., commissioners must not have any pecuniary 
interest. 

71. Contracts of single town or district.] § 68. The com¬ 
missioners of highways in each town or district is hereby authorized 
to contract for the construction and repairing of roads and bridges 
lying wholly within the limits of his [their] town or district * the 
cost whereof does not exceed $200.00. When any contract shall be 
for a sum in excess of $200.00, the said commissioners shall not 
let the same without the approval of the county superintendent of 
highways. The county superintendent shall keep a record of all 
contracts approved by him. 

72. Contracts for improvements to be constructed by two 
towns or districts.] § 69. Contracts for constructing and re¬ 
pairing roads and bridges on town or district lines, or across streams 
on towns or district lines, shall be let by the commissioners of the 
two towns or districts who shall meet and act together when takhw 
action upon the letting of such contracts for the construction or re- 





Div. II.] 


THE LETTING OF CONTRACTS. 


165 


pair of such roads and bridges, or acceptance of the work. When 
such contracts are for the expenditure of a sum exceeding $200.00 
they shall not let the same without the approval of the county super¬ 
intendent as provided in the preceding section. 

73. Contractor to furnish bond.] § 70. No contract so 
made either at public or private letting shall be considered as let 
unless the contractor shall, within ten days after the letting, enter 
into contract and file a bond with two good and sufficient sureties 
with the commissioners, in the penal sum of double the amount of 
the contract, payable to the commissioners of the town or district, 
upon failure to comply with the conditions of his or their contract. 

74. When contracts made payable.] § 71. All contracts 
for the construction or repair of roads, or building or repairing 
bridges shall be made payable as soon as the work on said contract 
is completed and accepted by the commissioners of highways. 

75. In letting contracts, etc., commissioners must not have 
any pecuniary interest.] § 72. In letting contracts, employing 
labor, or in purchasing tools, machinery or materials, neither the 
highway commissioners nor the county superintendent of highways 
shall have, directly or indirectly, any personal pecuniary interest 
therewith. 


SUBDIVISION VI. 

LAYING OUT, ALTERING, VACATING, WIDENING ROADS. 

76. Width of roads. 

77. Reducing width of roads. 

78. Altering, widening, vacating and laying out roads—petition. 

79. Hearing on petition—notice—preliminary order. 

80. Appeal. 

81. Surveys ordered. 

82. Damages to be determined. 

83. Damages may be agreed upon. 

84. Inducements may be offered. 

85. Summonsing jury to assess damages—summons to owners. 

86. If owner infant, etc., how served. 

87. Notice to non-resident owners—continuance. 

88. Manner of selecting jury—challenge. 

89. Oath to jury—trial to be conducted as in other civil cases. 

90. Trial—verdict—j udgment—damages—benefits. 

91. Appeal. 

92. Costs of appeal—appeal bond. 

93. Final order of highway commissioners or county superintendent of 

highways. 

94. Appeal from final commissioners’ order. 

95. Effect of final order. 

96. Proceedings subsequent to final order, 



166 


ROADS AND BRIDGES. 


[Div. II. 


97. Records of town or district clerk—evidence—effect of same. 

98. Limitations of time to open. 

99. Removal of fences—notice. 

100. Crops—removal of. 

101. Private roads. 

102. Roads on town or district and county lines, etc. 

103. Commissioners to allot all or part of road to each town or district 

also to divide damages and expenses— arbitration. 

104. Roads heretofore laid out on county or district or town lines. 

105. State line roads. 

106. Where road proposed across or alongside railroad—notice. 

107. Notices on railroad companies—how served. 

76. Width of roads.] § 73. All public roads established 
under the provision of this Act shall be of the standard width of 
forty feet. 

77. Reducing width of roads.] § 74. The commissioners 
of highways of any town or road district may reduce the width of 
any existing public road within any town or road district to a width 
of forty feet when the same is petitioned for by a majority of the 
land owners along the line of said road, within said town or district. 
When possible the land so vacated by reducing the width of the road 
shall be taken equally from both sides of the public highway. In 
cases' of natural obstructions on one side of the public highway or 
where the said road extends along the right-of-way of any railroad, 
river or canal, the commissioners are authorized to reduce the width 
of the road on one side only. 

78. Altering, widening, vacating and laying out roads— 
Petition.] § 75. Existing roads may be altered, vacated or 
widened and new roads may be laid out in the manner herein pro¬ 
vided for. Any number of land owners residing in any town or road 
district within two miles of the road to be altered, widened, vacated 
or laid out, or two-thirds of such land owners, may file a petition 
with the commissioners of highways of such town or district, pray¬ 
ing for the altering, widening, vacation or laying out of said roads. 
Said petition shal 1 set forth a description of the road and what part 
is to be altered, widened or vacated, and if for a new road the names 
of the owners of lands, if known, and if not known it shall so state, 
over which the road is to pass, the points at or near which it is to 
commence, its general course, and the place at or near which it is to 
terminate. 

79. Hearing on petition—Notice—Preliminary order.] § 76. 

Whenever the commissioners shall receive any such petition they 
shall fix a time when and a place where they will examine the route 
of such road and hear reasons for or against the altering, widening, 
vacating or laying out of the same, and they shall give at least ten 



Div. II.] 


LAYING OUT, ALTERING, ETC., ROADS. 


167 


days’ notice of the time and place of such examination and hearing 
by posting notices in three of the most public places in the town or 
district in the vicinity of the road to be widened, altered, vacated or 
laid out. The commissioners may, by public announcement, and by 
the posting of a notice at the time and place named for the first hear¬ 
ing, adjourn the said hearing from time to time, but not for a longer 
period than ten days in all; and shall at such meeting, or such ad¬ 
journed meeting, decide and publicly announce whether they shall 
grant or refuse the prayer of the petition and shall endorse upon or 
annex to the petition a brief memorandum of such decision, to be 
signed by said commissioners and file within five days thereafter in 
the office of the town or district clerk. 

80. Appeal.] § 77. In case the commissioners of highways 
shall deny the prayer of the petition, the petitioners may appeal from 
such decision to the county superintendent of highways by joining 
in a notice of such appeal and filing the same in the office of the 
town or district clerk within ten days after the date of the decision 
appealed from. The clerk shall thereupon transmit the original 
petition for the altering, widening, vacating or laying out of such 
road, together with the said notice of appeal to the county super¬ 
intendent of highways. Upon receipt thereof the said county super¬ 
intendent of highways shall thereupon fix a time and place for a 
public hearing thereof, giving notice thereof and render his decision 
thereon in the manner hereinbefore provided in the case of the hear¬ 
ing upon said petition by the commissioners of highways of the town 
or district. Upon rendering his decision, the said superintendent of 
highways shall likewise endorse on said petition a memorandum 
of his decision and shall file the same in the office of the town or 
district clerk. Such decision of the commissioners of highways, or 
upon appeal such order of the county superintendent of highways, 
shall be regarded as a preliminary decision upon the advisability of 
the proposed improvement, and shall be subject to revocation in the 
manner hereinafter provided. 

81. Surveys ordered.] § 78. If the commissioners of high¬ 
ways, or upon appeal from his [their] decision, the county superin¬ 
tendent of highways, shall enter a preliminary order as aforesaid 
that the prayer of the petitioner should be granted, the said highway 
commissioners or county superintendent of highways, as the case 
may be, shall cause a survey and plat of such road to be made by a 
competent surveyor who shall report such survey and plat to said 
commissioners of highways or county superintendent,, as the case 
may be, giving the courses and distances and specifying the land 
over which said road is to pass; in which he may make such changes 
between the termini of the road described in the petition as the con¬ 
venience and interest of the public in his judgment may require. 




168 


ROADS AND BRIDGES. 


[Div. II. 


Upon the petition of twelve land owners residing in the town or dis¬ 
trict where the road is situated, it shall be the duty of the said com¬ 
missioners of highways or county superintendents, as the case may 
be, within a reasonable time to employ a competent surveyor and 
have any road designated in such petition to be once [re]surveyed. 

82. Damages to be determined.] § 79. Whenever the com¬ 
missioners of highways of any town or road district or upon appeal 
from their decision, the county superintendent of highways has en¬ 
tered a preliminary order as aforesaid for the establishment, vaca¬ 
tion, widening or alteration of a road, and a survey therefor has 
been completed as hereinbefore provided, proceedings shall next be 
taken to fix the damages which will be sustained by the adjoining 
land owners by reason of such alteration, vacation, widening or lay¬ 
ing out. In case such preliminary order was entered by the com¬ 
missioners of highways, they shall act for the town or district in all 
matters relating to the fixing of damages, as well as the surveying of 
such road. But in case such order was entered by the county super¬ 
intendent of highways on appeal, as aforesaid, the said county super¬ 
intendent shall represent the said town or district in such matters. 

83. Damages may be agreed upon.] § 80. The damages 
sustained by the owner or owners of land by reason of the establish¬ 
ment, alteration, widening or vacation, as aforesaid, may be agreed 
upon by the owners of such lands if competent to contract, and the 
commissioners of highways or county superintendent, as the case 
may be. Such damages may also be released by such owners, and in 
such case the agreement or release shall be in writing, the same shall 
be filed and recorded with the copy of the order establishing, alter¬ 
ing, widening or vacating such road in the office of the town or dis¬ 
trict clerk, and shall be a perpetual bar against such owners, their 
grantees and assigns for all further claims for such damages. 

84. Inducements may be offered.] § 81. Any person or 
persons interested in the establishment, alteration, widening or va¬ 
cation of any public road in this State, are hereby authorized to 
offer inducements to the commissioners of highways or county 
superintendent of highways, as the case may be, for the establish¬ 
ment, alteration, widening or vacation of any such road, by enter¬ 
ing into contract with said commissioners or county superintendent, 
conditioned upon such establishment, alteration, widening or vaca¬ 
tion, to pay money or other valuable thing to the town or district for 
the benefit of the road or bridge funds of the same; or to perform 
any labor, or construct any road, bridge or culvert on any road which 
said person or persons desire to be established, widened or altered. 
Any such contracts in writing made with said commissioners of 
highways or county superintendents shall be deemed good and valid 
in law and may be enforced by said commissioners or superintendent. 





Div. II.] 


LAYING OUT, ALTERING, ETC., ROADS. 


169 


or his or their successors in office, before any court having jurisdic¬ 
tion. 

85. Summoning jury to assess damages—Summons to 
owners.] § 82. In case such damages are not released or agreed 
upon as in the preceding section specified, the commissioners, or in 
case of appeal the county superintendent of highways, shall, within 
ten days from the date of the meeting at which it was decided to 
grant the prayer of the petition, make a certificate that he is about 
to establish, widen, vacate, or alter a public road, describing such 
road, vacation, widening or alteration, and the land over or on which 
such road is to be established, altered, widened or vacated, and nam¬ 
ing the owners of such lands, if known, and if not known, stating 
the fact and asking for a jury to assess the damages of such owners, 
and shall present such certificate to some justice of the peace of the 
county, who, on receipt of the same, shall, within five days, issue a 
summons against the land owners concerned, which summons shall 
be in the following form as nearly as the case will admit, viz: 

J State of Illinois, 

\.County, ss * 

The People of the State of Illinois, to any Constable of said county — 
Greeting : 

You are hereby commanded to summon.to appear 

before me at.on the.day of.at.o’clock, 

and prove to a jury then and there to be empaneled, such damages as (he or 
they) may sustain on account of the establishing, altering, widening or vacat¬ 
ing the road described in a certificate of the commissioners of the town of 

. or road district No. (or county superintendent of 

highways acting for said town or road district No.) in said county, 

which certificate is now on file in my office. 

Given under my hand and seal this.day of., 19.... 

Justice of the Peace. 

In which summons the justice shall specify a certain place, day 
and hour for the trial, not less than six nor more than fifteen days 
from the date of such summons, at which time and place such land 
owners are to appear. Such summons shall be served at least three 
days before the time of trial mentioned therein, by reading the same 
to the land owners therein named. 

86. If owner infant, etc., how served.] § 83. If any such 
owner is an infant, such summons shall be served by delivering a 
copy to the infant and its guardian, if any; if no guardian, the per¬ 
son with whom he or she resides. If any owner is a lunatic or 
habitual drunkard, having a conservator, or insane, by delivering a 
copy to his conservator, if any. 















170 


ROADS AND BRIDGES. 


[Div. II. 


87. Notice to non-resident owners—Continuance.] § 84. 

In case it shall appear, either from the certificate of the commission¬ 
ers or county superintendent of highways, the affidavit of any per¬ 
son, or the return of any officer to whom the notice may be delivered 
for service, that there are non-resident or unknown owner or owners 
who cannot be found and served within the county, such justice 
shall also cause notice to be delivered to the occupant of such lands, 
and the contents and nature thereof to be made known to such occu¬ 
pant and also to be posted in three of the most public places in the 
vicinity of such proposed road or alteration, at least ten days before 
the time fixed in the summons for hearing proof of damages, stating 
the time and place, as stated in said summons, and describing the 
road to be established or altered, and the lands for which damages 
are to be assessed; and in case service is made upon any owner by 
posting notices as above provided, the justice shall continue said 
hearing for a period not exceeding twelve days. 

88. Manner of selecting jury—Challenge.] § 85. Such 
justice shall also forthwith issue a venire directed to any constable 
of the county, to summon six persons having the qualifications of 
jurors to appear at such time and place as may be designated for the 
proving of such damages, whose competency shall be determined the 
same as in other civil cases before justices of the peace. Either 
party to the case shall have the same right of challenge as in other 
civil cases; and any deficiency in the number of jurors, from what¬ 
ever cause, shall be supplied by summoning other persons residing 
in such county: Provided, that not more than one-half of such jury 
shall be residents of the town or district liable to pay the damages 
assessed in the case: Provided 3 further, that changes of venue may 
be granted, if applied for before the commencement of the trial, in 
the same manner as in other civil causes before justices of the peace. 

89. Oath to jury—Trial to be conducted as in other civil 
cases.] § 86. The jury shall appear before and be sworn by 
such justice faithfully and impartially to assess the damages of each 
of the owners specified in such certificate, or those of them whose 
claims are then to be adjusted, according to law, to the best of their 
judgment and understanding; and all parties in interest shall be en¬ 
titled to subpoenas and other writs and papers, and the trial shall be 
conducted as in other civil cases. 

90. Trial—Verdict—Judgment damages—Benefits.] § 87. 

The case shall be entitled, “Town of.(or road district No. 

.) vs.” (whoever may be summoned as land own¬ 
ers), and the jury shall hear such lawful evidence touching the ques¬ 
tion of such damages as may be presented to them; and they shall 
also, on request of the commissioners of highways or county super¬ 
intendent of highways, as the case may be, or owners of lands whose 







Div. II.] 


LAYING OUT, ALTERING, ETC., ROADS. 


171 


damages are to be determined, in a body visit and examine the pro¬ 
posed location, alteration, widening or vacation of such road and 
the lands to be taken or affected thereby, and make a written verdict 
specifying the amount of damages, if any, which every such owner 
shall recover, and return the same to such justice, to be by him en¬ 
tered on his docket in the nature of a judgment: Provided, that in 
estimating the damages, except damages to land actually taken for 
a road, the jury may consider the benefits conferred; but no benefits 
enjoyed in common by the owners of surrounding property shall be 
considered in estimating damages. 

91. Appeal.] § 88. Any person or persons interested in 
the verdict of any jury in assessing damages in opening, altering or 
vacating any road, may appeal from such decision to the county or 
circuit court within ten days after such decision*has been rendered, 
by filing a written petition with the justice of the peace, from whose 
decision they desire to appeal, asking for an appeal and stating on 
what grounds such appeal is taken. 

92. Costs of appeal—Appeal bond.] § 89. Any parties 
taking appeal from the verdict of the jury as aforesaid, shall file a 
sufficient bond with the justice of the peace, before taking such 
appeal, conditioned for the payment of the cost of such appeal in 
case the verdict of the jury is in all things sustained or the appeal 
dismissed; if the verdict of the jury shall not be sustained, the dis¬ 
trict shall pay the costs of such appeal. When such appeal is taken 
from the verdict of the jury called by the justice of the peace to 
assess damages as aforesaid, and when the commissioners of high¬ 
ways or county superintendent, as the case may be, shall be unable 
to agree with the owners of lands in regard to such damages, then 
all proceedings shall cease until the amount of damages is settled 
by the county or circuit court on appeal as aforesaid. 

93. Final order of highway commissioners or county super¬ 
intendent of highways.] § 90. Within twenty days after the 
damages likely to be sustained by reason of the proposed laying out, 
alteration, widening or vacation of any road shall have been finally 
ascertained, either by agreement of tjie parties or by trial in a court 
of the justice of the peace, or on appeal to the county or circuit court, 
or within twenty days after such damages may have been released, 
as aforesaid, the commissioners of highways shall hold a public hear¬ 
ing at which they shall hear and consider reasons for or against the 
proposed laying out, widening, alteration or vacation of such road, 
and at which time and place they shall publicly announce their final 
decision relative thereto. The commissioner[s] of highways shall 
give public notice of such public hearing by posting notices thereof 



172 


ROADS AND BRIDGES. 


[Div. II. 


in at least three of the most public places in the town or district for 
at least five days prior thereto. At such time and place the commis¬ 
sioners of highways shall determine upon the advisability of such 
proposed laying out, widening, alteration or vacation of such road 
and shall make an order for the same and shall within five days 
thereafter file such order in the office of the town or district clerk. 

94. Appeal from final commissioners’ order.] § 91. From 
such order of the commissioners of highways finally determining the 
advisability of such proposed laying out, alteration, vacation or 
widening of any road, any person interested therein may appeal to 
the county superintendent of highways by filing a notice of such 
appeal in the office of the town or district clerk within ten days of 
the date of filing the decision appealed from. Thereupon such clerk 
shall at once transmit all papers relating to such proposed laying out, 
alteration, vacation or widening of such road to the county super¬ 
intendent of highways, who shall within twenty days after the re¬ 
ceipt of the same, hold a public hearing within such town or district 
to finally determine upon the laying out, vacation, widening or alter¬ 
ation of such road. Such hearing shall be upon such notice and 
conducted in like manner as the hearing before the commissioners 
of highways relative to such final decision and from which appeal 
has been taken. The final order of the county superintendent of 
highways, relative to such proposed laying out, alteration, widening 
or vacation of such roads shall be filed with the town or district 
clerk within five days from the date of such public hearing. 

95. Effect of final order.] § 92. In case the commissioners 
of highways, or upon appeal from their decision the county superin¬ 
tendent of highways, shall finally determine as aforesaid against the 
advisability of the proposed laying out, alteration, widening or vaca¬ 
tion of such road, such order shall have the effect to annul and 
revoke all proceedings and assessments, releases and agreements in 
respect to damages growing out of the proceedings upon the petition 
aforesaid. In case the commissioners or county superintendent shall 
not revoke such prior proceedings, he or they shall make an order 
to be signed by him or them, declaring such road to be altered, 
widened, vacated or laid out as a public highway and which order 
shall contain or have annexed thereto a definite description of the 
line of such road, together with the plat thereof. The commis¬ 
sioners of highways or county superintendents, as the case may be 
shall file within five days from the date of his final order cause the 
same, together with the report of the survevor, the petition and the 
releases, agreements or assessments in respect to damages, to be de¬ 
posited and filed in the office of the town or district clerk - who shall 
note upon such order the date of such filing. It shall be the duty 





Div. II.] 


LAYING OUT, ALTERING, ETC., ROADS. 


173 


of such clerk to record such order, together with the plat of the 
surveyor in a proper book to be kept for that purpose. 

96. Proceedings subsequent to final order.] § 93. After it 
has been finally determined that a road shall be laid out, widened, 
altered or vacated, either by the commissioners of highways, or upon 
appeal, by the county superintendent of highways, all proceedings 
subsequent thereto on behalf of the town or district shall be taken 
by the commissioners of highways thereof as hereinafter provided. 
And such commissioners of highways in such cases are hereby 
authorized and empowered to resort to all necessary proceedings 
not inconsistent with the provisions of this Act to secure the laying 
out, widening, alteration or vacation of any such road. 

97. Records of town or district clerk—Evidence—Effect of 
same.] § 94. The records of the town or district clerk, or a 
certified copy of such record and papers, relating to the establish¬ 
ment, location, alteration, widening or vacation of any road shall be 
prima facie evidence in all cases that all the necessary antecedent 
provisions have been complied with, and that the action of the com¬ 
missioners or other persons and officers in regard thereto, was 
regular in all respects. 

98. Limitations of time to open.] § 95. All roads laid out 
as herein provided shall be opened within two years from the time 
of laying out the same. If the damages resulting from the estab¬ 
lishing of such roads shall not be paid within ninety days from the 
time of the final determination to open the same as aforesaid, such 
new roads shall be deemed to be vacated. 

99. Removal of fences—Notice.] § 96. Whenever a public 
road is ordered to be established or altered, according to the pro¬ 
visions of this Act, which road shall pass through or on enclosed 
land, the commissioners of highways shall give the owner or occu¬ 
pant of such land sixty days notice in writing, to remove the fences. 
If such owner or occupant does not remove the fence or fences 
within sixty days after such notice, the commissioners shall have 
the same removed, and direct the road to be opened and worked; 
the owner of such premises shall pay all necessary costs of the re¬ 
moval, and the same may be recovered by the commissioners of 
highways in any court of competent jurisdiction. 

100. Crops—Removal of.] § 97. When any road opened 
according to the provisions of this subdivision shall pass over en¬ 
closed lands, the owners of such lands shall have a reasonable time, 
not exceeding eight months, to be designated by the commissioners 
of highways, to harvest crops and remove fences which may be on 
such lands before such road or cartway shall be opened. 



174 


ROADS AND BRIDGES. 


[Div. II. 


101. Private roads.] § 98. Roads for private and public 
use of the width of three rods or less, may be laid out from one 
dwelling or plantation of an individual to any public road, or from 
one public road to another, or from a lot of land to a public road, or 
from a lot of land to a public waterway, on petition to the commis¬ 
sioners by any person directly interested. Upon receiving such 
petition, proceedings shall be had respecting the laying out of such 
road as in the case of public roads. In case the commissioners of 
highways or upon appeal, the county superintendent of highways, 
shall enter a preliminary order for the laying out of such road, the 
said highway officer or officers making such preliminary order shall, 
if possible, and the parties are competent to contract, agree upon the 
total amount of damages, together with the portion thereof to be 
paid by the town or district, as well as by each of the land owners 
benefited by such private road. In case such damages cannot be 
determined or apportioned by agreement, the same shall be fixed as 
in the case of public roads. The amount of such damages shall be 
paid by the persons benefited thereby, to the extent and in propor¬ 
tion that they are benefited as determined and declared by the court. 
The remainder of the amount of damages over and above that to be 
paid by the parties aforesaid, shall be paid by the town or district 
as in other cases. The amount of damages to be paid by individuals 
shall be paid to the parties entitled thereto, before the road shall be 
opened for use. In all other respects the provisions of this Act 
relative to the opening, vacation, alteration or widening of public 
roads shall be applicable also to the laying out, alteration, widening 
or vacation of private roads. 

102. Roads on town or district and county lines, etc.] § 99. 

Public roads may be established, altered, widened or vacated on 
county or township or district lines, or from one township or district 
to another, and in a case a railroad right of way or stream of water 
joins the boundary line of such county line, then along the line of 
such railroad right of way or stream of water, in the same manner 
as other public roads, except that in such cases, a copy of the petition 
shall be posted up in and presented to the commissioners of each 
town or district interested; said petition to be as in other cases, and 
signed by not less than twelve or two-thirds of the owners of land 
residing therein, in either township or district or county within two 
miles of the road to be so altered, widened, vacated, located or laid 
out. Whereupon it shall be the duty of the commissioners of the 
several towns or districts to meet and act together, in. the same time 
and manner as in other cases, in considering the petition, viewing 
the premises, adjusting damages, and making all orders in reference 
to such proposed road, alteration, widening or vacation, and a copy 



Div. II.] 


LAYING OUT, ALTERING, ETC, ROADS. 


175 


of all final orders and plats and papers shall be filed and recorded in 
each of the counties and towns or districts interested. In case the 
said commissioners are unable to agree, the county superintendent 
of highways shall act as arbitrator between them in case the towns 
or districts shall lie within the same county, and if in different coun¬ 
ties the State Highway Commission or any person designated by 
him, shall so act. All appeals hereinbefore provided for may like¬ 
wise to be taken to the county superintendent of highways, or in 
case the towns or districts shall lie in two or more counties, to the 
State Highway Commission. 

103. Commissioners to allot all or part of road to each town 
or district—Also to divide damages and expenses—Arbitration.] 

§ 100. The commissioners shall also, in case a new road is es¬ 
tablished, allot to each of such towns or districts the part of such 
road which each of such towns or districts shall open and keep in 
repair, and the part so allotted shall be considered as wholly belong¬ 
ing to such town or district. They shall also divide the expenses 
and damages which may accrue from such location, widening or al¬ 
teration, and if they cannot agree, they shall refer the matter to the 
county superintendent of highways or in case the towns or districts 
shall lie in two or more counties, to the State Highway Commission, 
whose decision shall be final. 

104. Roads heretofore laid out on county or district or 
town lines.] § 101. All roads heretofore or hereafter laid out 
upon town or district or county lines shall be divided, allotted and 
kept in repair in the manner as hereinbefore directed. Any public 
road that is or shall be laid out on any county or town or district 
line, and in case a railroad right of way or stream of water forms the 
boundary line of town or district or county, or crowds the public road 
off from such town or district or county, then the road alongside 
such railroad right of way or stream of water, shall be held to be a 
road on a county or town or district line, although owing to the 
topography of the ground along such county or town or district line, 
or at the crossing of any stream of water the proper authorities in 
establishing or locating such road may have located a portion of the 
same to one side of such county or district or town line or railroad 
right of way, or stream of water, and the expenses of keeping in 
repair such road shall be assessed by each town or district or county 
interested. 

105. State line roads.] § 102. Roads may be laid out and 
opened upon the line between this and any adjoining state, as pro¬ 
vided in the preceding sections, whenever the laws of such adjoining 
state shall be applicable. 

106. Where road proposed across or alongside railroad— 
Notice.] § 103. In addition to the notices now required by law 




176 


ROADS AND BRIDGES. 


[Div. II. 


in proceedings for laying out, locating or opening of public roads, 
similar notices shall be served on any railroad company across or 
alongside of whose railroad it may be proposed to locate a public 
road: Provided, that this Act shall not apply to the proceedings 
for opening streets in towns or cities. 

107. Notices on railroad companies—How served.] § 104. 
The notices as provided by this Act shall be served by delivering a 
copy thereof to the station agent of any such railroad company near¬ 
est to the proposed location of such projected public roads. 


Subdivision VII. 

Repair and Maintenance of Roads and Bridges. 

108. How roads to be graded—walk—penalty for driving on crossings. 

109. Sidewalks in unincorporated villages. 

110. A. Road drags—authority and use. B. Obstructing drainage- 

travel regulated. 

108. How roads to be graded—Walk—Penalty for driving 

on crossings.] § 105. In grading roads, wherever practicable, 
it shall be done so as to leave not less than one-tenth of the width 
of the road on each side for a sidewalk; and the space between these 
points shall be made a regular oval grade so that the entire space 
can be used for traveling purposes; and it shall be unlawful to ride 
or drive on such walk; and any person so offending shall be subject 
to a fine of $1.00 for each offense. Grading shall be done before the 
first of September in each year. Corner stones marking sectional 
or other corners shall not be disturbed, except to so grade the road 
that these, if in the line of travel shall not rise above the surface, 
and corner stakes shall be replaced by good and substantial stones. 
In grading public roads, if a ditch is made at the junction of roads, 
or at the entrance of gates or other openings of adjoining premises, 
the road authorities shall construct good and sufficient culverts, or 
other convenient crossings. 

109. Sidewalks in unincorporated villages.] § 106. High¬ 
way commissioners are hereby authorized to build sidewalks in un¬ 
incorporated villages out of any delinquent road tax belonging to the 
town or road district in which such village is located. 

110. (A) Road drags—Authority and use.] § 107. The 
commissioners of highways in the several towns or districts and the 
county boards in the counties of this State are hereby authorized to 
have earth roads dragged at all seasons of the year whenever the 
surface of the roads becomes rough so they will not properly shed 





Div. II.] 


REPAIR AND MAINTENANCE. 


177 


the water which falls upon them; and they may contract, a prefer¬ 
ence to be given adjoining land owners or tenants, to have a given 
piece of road dragged at a rate not to exceed one dollar ($1.00) per 
mile for each time dragged, if such work is done during the months 
of December, January, February or March, and not to exceed a rate 
of seventy-five (75) cents per mile for each time dragged, if such 
work is done during other months of the year than aforesaid: Pro¬ 
vided, that the width required by the highway commissioners to be 
dragged shall be not less than fourteen (14) feet, if the width of 
roadway will permit: Provided , also, that the dragging is done as 
nearly as practicable in accordance with the instructions of the high¬ 
way commissioners of the town or district. 

(B) Orstructin Drainage.] It shall be unlawful for any 
person or persons to place loose earth, weeds, sods, or other vege¬ 
table matter on the portion of a road which has been dragged and so 
maintained in good condition, or to place any material in such a man¬ 
ner as to interfere with the free flow of water from the dragged por¬ 
tion of the road to the side gutters or ditches: Provided, that this 
restriction shall not apply to deposits of earth or other material that 
may be made by the authority of the proper road officials, if neces¬ 
sary for filling or raising the elevation of a given section of road or 
other necessary construction work. 

Travel Regulated.] It shall also be unlawful for any person 
or persons to drive or cause to be driven a vehicle of any description 
in or upon any portion of the highway immediately after the same 
has been dragged and before such portion of the highway shall have 
partially dried out or frozen: Provided, that nothing in this section 
shall apply in those instances where it is impossible to drive with 
safety at one side of said dragged portion of the road, or where a 
vehicle does not make a rut on such dragged portion of the road, 
injurious to the work accomplished by use of the road drag, or where 
a vehicle does not make a rut nearer than nine (9) feet from the 
center of the dragged portion of the road. 


Subdivision VIII. 

Gravel, Rock and Macadam—Hard Roads. 

111. Petition for road—notice—election—vote—rate per cent. 

112. Ballots. 

113. Duty of commissioners—tax donations. 

114. Levy and collection of taxes. 

115. Borrowing money. 

116. Duty of treasurer. 

117. Tax collector—duty—commission. 

118. Surveys, estimates, etc. 

119. Plans—bids—notice. 



178 


ROADS AND BRIDGES. 


[Div. II. 


120. Plans and specifications—what to contain. 

121. Commisisoners—opening bids—failure to give bond. 

122. May reject bids. 

123. Estimate—payment of contractor. 

124. Record—report—settlement. 

125. Construction of road—material. 

126. Commissioners may take materials. 

127. Compensation of commissioners and employes. 

128. Extension of road within city or village. 

129. Powers of county board. 

130. Ballots—election—tax. 

131. Roads to be free. 

132. Surplus fund. 

111. Petition for road—Notice—Election—Vote—Rate per 

cent.] § 108. On the petition of twenty-five per cent of the land 
owners who are legal voters of any township to the town clerk there¬ 
of, in counties under township organization or road districts in coun¬ 
ties not under township organization, to the district clerk, he shall, 
when giving notice of the time and place for holding the next annual 
town meeting or road district election, also give notice that a vote 
will be taken at said election or meeting for or against an annual 
tax not to exceed one dollar on each one hundred dollars assessed 
valuation of all the taxable property, including railroads in the town¬ 
ship or road district, for the purpose of constructing and maintaining 
gravel, rock, macadam or other hard roads. Said petition shall state 
the location and route of the proposed road or roads, and shall also 
state the annual rate per cent not exceeding one dollar on each one 
hundred dollars, and the number of years not exceeding five, for 
which said tax shall be levied. If in any such petition a special 
election shall be requested for such purposes it shall be called in the 
manner provided for calling special elections in section 112 of this 
Act. I 

112. Ballots.] § 109. The ballots at said election shall be 
substantially in the following form: 


For special tax for gravel, rock, macadam 
or other hard roads. 


Yes 


No 


113. Duty of commissioners—Tax donations.] § 110. If a 
majority of all the ballots cast at said election on said proposition 
shall be in favor of said special tax, then it shall be the duty of the 
commissioner of highways of the township or road district to levy 
an annual tax in accordance with said vote and certify the same to 
the county clerk. He shall also cause a copy of such certificate of 










Div. II.] 


HARD ROADS. 


179 


levy to be filed in the office of the town or district clerk as provided 
in section 57 of this Act. The county clerk shall cause such levy, 
thus certified to him to be extended on the tax books for the cur¬ 
rent year and for each succeeding year, as stated in the certificate so 
filed with him: Provided, that the length of time for whicn the 
special tax levy shall continue shall not exceed five years. The com¬ 
missioner may also receive donations in money, labor, materials or 
other valuable things, to aid in the construction of said road. 

114. Levy and collection of tax.] § 111. The county clerk, 
when making out the tax books for the State and county tax for the 
collector, shall in each year for the number of years stated in such 
certificate extend the special tax in separate columns against each tax 
payer’s name or taxable property, as other taxes are extended, which 
shall be collected the same as State and county taxes, and known as 
the permanent road fund. 

115. Borrowing money.] § 112. On the petition of the 
commissioners of highways, in his official capacity, and of one hun¬ 
dred of the free holders of any town or district (or where there may 
be less than two hundred such freeholders, then a majority of them) 
to the town or district clerk requesting him, when giving notice of 
the time and place for holding the next annual town meeting or road 
district election, to also give notice that a vote will be taken at said 

election or meeting on the proposition, “For borrowing $.(to 

construct or maintain gravel, rock, macadam or other roads, or to 
construct or repair any bridge or bridges, or to construct or to re¬ 
pair any other distinctive work on the road),” he shall, when giving 
notice of the time and place for holding the next annual town meet¬ 
ing or road district election, also give notice, that a vote will be taken 
at said election or meeting upon the proposition, “For borrowing 

$. (to construct or maintain gravel, rock, macadam or other 

roads, or to construct or repair any bridge or bridges, or to construct 
or repair any other distinctive work on the road).” 

If in any such petition a special election shall be requested for 
such purpose, it shall be called as follows: 

Upon the filing of such petition the town or district clerk shall 
call such special town or district election by posting up in ten of the 
most public places in said town or district, at least ten days prior to 
the day fixed for said special town or district election, notice of such 
special town or district election, which notices shall state the filing of 
said petition, the time and place of said special election, and that a 
vote will be taken at said election or meeting upon the proposition, 

“For borrowing $. (to construct or maintain gravel, rock, 

macadam, or other roads, or to construct or repair any bridge or 
bridges, or to construct or repair any other distinctive work on the 
road),” and the manner in which the voting is to be had. 






ISO 


ROADS AND BRIDGES. 


[Div. II. 


Such special election shall be held at the place of the last annual 
town or district election, and returns thereof shall be made in the 
same manner as other special or district elections are now or may 
hereafter be provided by law. 

The vote at such regular or special election shall invariably be 
by a separate ballot and shall be in the following form: 


For borrowing $. to construct or 

Yes 


maintain gravel, rock, macadam or other roads. 

No 



And if it shall appear that a majority of the legal voters voting 
at said election on said proposition voted in favor of said proposi¬ 
tion, the commissioners of highways and the town or district clerk, 
as the case may be, shall issue (from time to time as the work pro¬ 
gresses) a sufficient amount, in the aggregate, of the bonds of said 
town or district for the purpose of building and maintaining gravel, 
rock, macadam or other roads, or for the purpose of constructing 
or repairing such bridge or bridges, or for the purpose of construct¬ 
ing or repairing such other distinctive work on the road as the case 
may be. Said bonds to be of such denominations, bear such rate of 
interest, not exceeding five per cent, upon such time, and be disposed 
of as necessities and convenience of said town or district may 
require: Provided, that said bonds shall not be sold or disposed of 
either by sale or by payment to contractors for labor and materials 
for less than their par value; such bonds to be issued in not more 
than ten annual series; the first series of which shall mature not 
more than five years from the date thereof and each succeeding 
series in succeeding years thereafter. A register of all issues of 
said bonds shall be kept in the office of the county clerk of the 
county in which said township or district is located, showing the 
date, amount, rate of interest, maturity, and the purpose for which 
said bonds were issued, which information shall be furnished to the 
county clerk in writing by the town or district clerk, and it shall be 
the duty of such county clerk to extend annually against the property 
in said township or road district a tax sufficient to pay the interest of 
said bonds in each year prior to the maturity of such first series 
and thereafter he shall extend the tax in each year sufficient to pay 
each series as it matures, together with interest thereon and with 
the interest upon the unmatured bonds outstanding. Such bonds 
may be lithographed and the interest for each year evidenced by in¬ 
terest coupons thereto attached, which shall be signed by the same 
officers who executed by original or facsimile signatures the bonds: 
Provided, however, that the amount, including the principal and in- 










Div. II.] 


HARD ROADS. 


181 


terest to be voted upon, shall not exceed the amount which can be 
raised during a period of five years by a levy of one dollar per year 
on each one hundred dollars of taxable property as taken for assess¬ 
ment purposes in such town or district; the proceeds of said bonds 
to be paid to the treasurer and to be disbursed by him upon the order 
of the commissioners of highways. 

116. Duty of treasurer.] § 113. The treasurer of the road 
and bridge fund of any town or district before receiving any of said 
fund herein provided for, shall execute a good and sufficient bond, 
with two or more sureties, to be filed with the town clerk or district 
clerk, as the case may be, for the benefit of the town or district, in 
double the amount which will probably come into his hands by virtue 
of this subdivision of this Act. 

117. Tax collector—Duty—Commission.] § 114. The tax, 

when collected, shall be paid to said treasurer as fast as collected, 
except such rate per cent as shall be allowed for collecting the same, 
and said tax shall be known and kept as the permanent road fund. 
The treasurer shall be allowed one per cent on all of said fund that 
comes into his hands. 

118. Surveys, estimates, etc.] § 115. Whenever it shall 
be voted to construct gravel, rock, macadam or other hard roads in 
any township or district, it shall be the duty of the county superin¬ 
tendent of highways of the county in which said township is located 
to at once survey (or cause to be surveyed) the route of the road 
thus to be improved, and to prepare suitable maps, plans, specifica¬ 
tions, and estimates of the cost of the proposed improvement. The 
county superintendent of highways shall divide the same into con¬ 
venient sections, each of which shall be numbered. The county 
superintendent of highways, upon the completion of said maps, 
plans, specifications, and estimates, shall file one copy of the same 
with the town or district clerk of the township wherein the proposed 
road is to be constructed and one copy with the commissioners of 
highways of said township. 

119. Plans—Bids—Notice.] § 116. When the plans and 

specifications are completed, the commissioners shall advertise for 
sealed bids for said work, by publishing a notice thereof for at least 
three weeks in some newspaper published in said township or road 
district. If there is no newspaper published therein, then in the 
newspaper published nearest said township or road district, and also 
by posting notices in at least ten of the most public places in said 
town or road district. 

120. Plans and specifications—What to contain.] § 117. 

The plans and specifications shall provide for the grading of a road¬ 
bed of not less than 20 feet in width on the surface, and so con- 



182 


ROADS AND BRIDGES. 


[Div. II. 


structed as to drain freely to the sides and with all necessary side 
and lateral ditches .and tile drains, bridges and culverts, and a track 
laid with gravel, rock, macadam, or other hard and durable sub¬ 
stance, not less than seven nor more than sixteen feet in width, and 
if constructed of gravel or broken stone, not less than ten inches 
thick in the center, and eight inches thick on the edges: Provided, 
however , this section shall be considered as directory only, and shall 
not prohibit the making of roads of different width or thickness, in 
the discretion of the commissioners. 

121. Commissioners—Opening bids—Failure to give bond.] 
§ 118. The commissioners shall appear at the time and place 
appointed, for the purpose of opening the bids and shall proceed to 
let the contract publicly to the lowest responsible bidder or bidders 
by sections, with proper specifications of the various kind of labor 
or material on each section, and bidders shall be required to sepa¬ 
rately state their bids for each class of work in such manner as the 
commissioners may provide, and each contractor shall be required to 
give bond with good and sufficient sureties for the performance of 
his contract, payable to the commissioners for the use and benefit of 
the town or district with the necessary specifications and stipulations 
on the part of the contractor entered therein: Provided, however, 
no contract in excess of the sum of two hundred dollars ($200.00) 
shall be let by the commissioners of highways in any town or district 
without the approval of the county superintendent of highways. No 
commissioner shall be interested either directly or indirectly in any 
contract relating in any manner to said road. 

122. May reject bids.] § 119. If the commissioners of 
highways shall be of the opinion that the bids are too high, they may 
reject the same. No contract shall be deemed as let unless the con¬ 
tractor shall, within ten days after the letting, enter into contract 
and file a bond with two good and sufficient sureties with the com¬ 
missioners, in the penal sum of double the amount of the contract, 
payable to the commissioners of highways upon the failure to com¬ 
ply with the conditions of his or their contract. 

123. Estimate—Payment of contractor.] § 120. The county 
superintendent of highways shall make estimates of the work done, 
and certify the same to the commissioners of highways of said town¬ 
ship, not oftener than once in thirty days, as may have been provided 
in the contracts, and the said commissioners of highways shall then 
issue an order on the treasurer in favor of the contractor, reserving 
not less than 20 per cent of said estimates, to guarantee the com¬ 
pletion of the contract. Upon the completion of the contract the 
commissioners and the county superintendent of highways shall 
make a thorough and complete examination and estimate of said 



Div. II.] 


HARD ROADS. 


183 


work, and, if found in accordance with the .specifications of the con¬ 
tract, the commissioners, upon the certificate of the county super¬ 
intendent of highways, shall issue his order on the treasurer for the 
full amount due the contractor. 

124. Record—Report—Settlement.] § 121. The commis¬ 
sioners shall keep a full and accurate record of all their proceedings 
under this Act, and shall, upon the completion of the road, file with 
the town or district clerk all records, papers, plans, plats, estimates, 
specifications and contracts, and shall make a full report to, and set¬ 
tlement with the board of town auditors or district clerk as provided 
in section 50 of this Act. If the commissioners fail to make such 
settlement, the supervisor or board of county commissioners shall 
cause an action to be instituted against them in the corporate name 
of the township or road district to enforce such settlement. 

125. Construction of road—material.] § 122. The commis¬ 
sioners and the county superintendent of highways may, in their dis¬ 
cretion, cause the road to be constructed wholly of earth, and by a 
thorough system of tile and other drainage, when gravel, stone and 
other suitable hard materials can not be obtained at a cost within the 
means in the hands of the commissioners. 

126. Commissioners may take materials.] § 123. The com¬ 
missioners, for the purpose of constructing, maintaining or repairing 
gravel, rock, macadam or other hard roads, as provided in this sub¬ 
division and for procuring materials therefor, may enter upon lands 
of others, doing no more damage than the necessity of the case may 
require, and take therefrom such material as is necessary for the 
construction and repairing of said roads: Provided, that the com¬ 
missioners of highways, their employees, or teams, shall not enter 
upon such lands for the purpose in this section stated, without hav¬ 
ing paid or tendered the amount of damage allowed or agreed upon: 
Provided, that the commissioners and the party or parties owning 
or controlling the lands to be entered upon, or from which material 
is to be taken, cannot agree as to the amount of damage or value of 
material, that the amount of damage shall be determined as provided 
for in the law for exercising the right of eminent domain. 

127. Compensation of commissioners and employees.] § 124. 
The commissioners shall receive the same compensation for their 
services under this subdivision of this Act as for services under the 
common road law: Provided, however, they shall not receive benefit 
for both kinds of service on the same day. The assistants or em¬ 
ployees shall receive such reasonable compensation as may be agreed 
upon. The commissioners shall be paid out of the road and bridge 
fund of the town or district. The other employees shall be paid by 
the commissioners out of the permanent road and bridge fund and 
none other. 



184 


ROADS AND BRIDGES. 


[Div. II. 


128. Extension of road within city or village.] § 125. 

Whenever a special tax shall have been levied under the provisions 
of this subdivision of this Act, the commissioners of highways of 
any town or district may, by agreement with the city council or board 
of trustees of any city or village of less than 10,000 population, ex¬ 
tend any road improved under the provisions of this subdivision 
within or through the corporate limits of such city or village: Pro¬ 
vided, such extension within such city or village shall be of the same 
cost and kind of material as the road outside such city or village, to 
be paid for out of said special tax and after completion to be main¬ 
tained by the municipal authorities of such city or village at the 
cost of such city or village. 

129. Powers of county board.] § 126. The several county 

boards of counties are hereby vested with the same powers for con¬ 
structing, repairing and maintaining gravel, rock, macadam or other 
hard roads in their respective counties as the commissioners of high¬ 
ways acting severally or together or with the several county superin¬ 
tendents of highways according to the provisions of this Act. The 
county board of any county may also assist any town or road district 
therein in the construction of a hard road under the provisions of 
this Act, to the extent of twenty-five per cent of the cost thereof: 
Provided, liozvever, that the question of raising a special permanent 
road tax or of issuing bonds for the purposes set forth in this Act, 
shall first be submitted to the legal voters of the county, at any regu¬ 
lar election for county officers, on the petition of one hundred land 
owners who are legal voters in said county, to the county clerk, pre¬ 
vious to time of posting the notices for said county election, said 
petition and notices to designate the road or roads to be improved 
and number of years, not to exceed five, for which the tax shall be 
continued. 

130. Ballots—Election—Tax.] § 127. The ballots to be 
used at elections provided for in the preceding section shall be in the 
form prescribed in section 109 of this Act. If a majority of all the 
ballots cast at said election shall be in favor of the special permanent 
road tax, it shall be the duty of the county board to direct the county 
clerk to extend such tax against all the taxable property, including 
railroads in said county, and proceed in the construction of the road 
or roads voted for in the same manner as provided for the guidance 
of commissioners of highways in their respective towns or districts. 

131. Roads to be free.] § 128. All roads constructed 
under the provisions of this subdivision of this Act, either by towns 
or districts or counties shall be free for public travel and kept in 
repair by the proper authorities thereof. 





Div. II.] 


CERTAIN PROVISIONS APPLICABLE. 


185 


132. Surplus fund.] § 129. All surplus funds remaining 
in the hands of the treasurer of the town or district after the com¬ 
pletion of any road provided for under this subdivision of this Act 
shall be turned over to the common road fund of said town or road 
district, as the case may be, except as much thereof as the commis¬ 
sioners may order retained for the purpose o-f repairing said per¬ 
manent road. 


ARTICLE VII. 

CERTAIN PROVISIONS APPLICABLE GENERALLY TO HIGHWAY OFFICIALS. 

133. Tile drains—contract with owners. 

134. Willow hedges—public nuisance. 

135. Carriages may’be kept off highways—when. 

136. Commissioners may enter lands to open ditches, etc.—when owner 

will not consent—proceedings. 

137. Material for constructing roads—eminent domain. 

138. Authority to straighten water courses. 

139. Right of owner to make crossing—costs. 

140. To keep down weeds—penalty. 

141. Capacity of bridges and culverts—penalty. 

133. Tile drains — Contract with owners.] § 130. When¬ 
ever the commissioners of highways are about to lay a tile drain 
along any public road other than a State aid road, or the State High¬ 
way Commission or county superintendent of highways is about to 
lay such tile drain along a State aid road, the said highway com¬ 
missioner [s], State Highway Commission, or county superintendent 
of highways, as the case may be, shall have the power to contract 
with the owners or occupants of adjoining lands to lay larger tile 
than would be necessary to drain the road, and to permit connection 
therewith by such contracting parties to drain their lands: Provided, 
that all such contracts on roads other than State aid roads for a sum 
in excess of $200.00 shall be made on' behalf of any town or road 
district by the highway commissioners thereof, with the consent of 
the county superintendent of highways. 

134. Willow Hedges — Public nuisance.] § 131. Where 
willow hedges, or a line of willow trees have been planted along 
the margin of a road, so as to render tiling impracticable, the com¬ 
missioners of highways if the road be other than a State aid road, 
and the State highway commission or the county superintendent of 
highways, if the road be a State aid road, may contract with the 
owner for their destruction; and they shall be destroyed before til¬ 
ing. The planting of these trees hereafter on the margin of roads 
is hereby declared to be a public nuisance. 

135. Carriages may be kept off highways—When.] § 132. 
The proper highway officials are hereby authorized to keep carriages 



186 


ROADS AND BRIDGES. 


[Div. II. 


and vehicles of every kind off the public highways wherever neces¬ 
sary to properly repair the same. 

136. Commissioners may enter lands to open ditches, etc.— 
When owner will not consent—Proceedings.] § 133. The high¬ 
way commissioners of the towns and road districts are hereby au¬ 
thorized to enter upon any land adjacent to any highway in their 
respective towns or districts for the purpose of opening any ditch, 
whenever it shall be necessary to open a water course from any high¬ 
way to the natural water course; and to dig, open and clean ditches 
upon said land for the purpose of carrying off the water from said 
highways; or to drain any slough or pond on said highways: Pro¬ 
vided, that unless the owner of such land, or his agents, shall first 
consent to the cutting of such ditches, the commissioners shall apply 
to any justice of the peace of the county in which such road is situ¬ 
ated for a summons, directed to any constable of said county, com¬ 
manding him to summon the said owner to appear before the said 
justice, at a time and place specified in such summons, not less than 
five nor more than fifteen days from the date thereof, for the pur¬ 
pose of having the damages assessed which such owner may sustain 
by reason of the digging or opening of such ditches or drains. The 
said summons shall be under the hand of such justice and be served 
in the same manner as summons is now served in civil actions before 
justices of the peace. On the return of such summons, a venire 
shall be issued for a jury, as in other cases in the trial of civil 
actions before justices of the peace, which jury shall assess such 
damages and render a verdict therefor. Whereupon judgment shall 
be entered by the justice in accordance with the verdict. If either 
party shall feel aggrieved by such judgment, an appeal may be taken 
as in other cases: Provided, bond is filed within five days from the 
time of entering of the judgment. If no appeal is perfected within 
five days the amount so awarded shall be paid before the commis¬ 
sioners of highways shall be warranted and empowered to enter 
upon such lands and dig, open and clean such drains, ditches and 
water courses as aforesaid for the purposes contemplated in this 
Act. The commissioners are authorized to use the poll tax and road 
money of their town or district for the payment of such judgment: 
Provided, that not more than one-half of such jury shall be resi¬ 
dents of the town or district which is liable to pay the damages: 
Provided, further, that in case the owner of said lands is a non¬ 
resident, service may be had by leaving a copy with the occupant or 
agent, or by notice in the same manner as prescribed in section 84 
of this Act. 

137. Material for constructing roads—Eminent domain.] 

§ 134. The State Highway Commission, the State Highway 



Div. II.] 


CERTAIN PROVISIONS APPLICABLE. 


187 


Engineer, the county superintendent of highways and the commis¬ 
sioners of highways of any town or district, for the purpose of 
constructing, maintaining or repairing gravel, rock or other roads, 
and for procuring material therefor, may enter upon lands of others, 
doing no more damage than the necessity of the case may require, 
and take therefrom such material as is necessary for the construction 
or repair of said roads: Provided, that such State Highway Com¬ 
mission, State Highway Engineer, county superintendent or com¬ 
missioners of highways, their employees or teams shall not enter 
upon such lands for the purpose stated in this Act without having 
paid or tendered the amount of damages allowed or agreed upon: 
And, proznded, further, if such State Highway Commission, State 
Highway Engineer, county superintendent of highways or commis¬ 
sioners of highways and the party or parties owning or controlling 
the lands to be entered upon, or from which material is to be taken, 
can not agree as to the amount of damage or value of such material, 
that the amount of damage shall be determined as provided for in 
the law for exercising the right of eminent domain. 

138. Authority to straighten water courses.] § 135. When¬ 
ever any public road shall be petitioned for, and located, in part, in 
the bed of any stream, the highway commissioners of the several 
towns or districts are hereby authorized to enter upon the adjacent 
land on which said stream is located, for the purpose of changing 
the current of the said stream, so that it will not flow upon or over 
such proposed roadway; and to dig any necessary ditches for such 
purpose: Provided, that in case the owner of such land or his agent 
shall not consent to such straightening of said stream, then the com¬ 
missioners shall first proceed to have the damages assessed and paid, 
in the same manner as is now provided for the assessment and pay¬ 
ment of damages in proceedings to open ditches for the drainage of 
public' highways. 

139. Right of owner to make crossing—Costs.] § 136. 
Any person owning, using or occupying lands on both sides of any 
public highway, shall be entitled to the privilege of making a cross¬ 
ing under said highway for the purpose of letting his cattle and 
other domestic animals cross said road: Provided, said person shall 
erect at his own expense, a good and substantial bridge, with good 
railings on each side thereof, and build an embankment, of easy 
grade, on either side of said bridge; said bridge to be not less than 
sixteen feet wide, and to be approved in the case of a State aid road 
by the State Highway Commission, State Highway Engineer or 
county superintendent of highways, and in the case of any other 
than a State aid road, to be approved by the commissioners of high¬ 
ways of the town or district in which said bridge is built, and the 



188 


ROADS AND BRIDGES. 


[Div. II. 


same to be kept constantly in good repair by the owner or occupant 
of said land, the construction subject always to the consent and 
approval of said State Highway Commission, State Highway Engi¬ 
neer, county superintendent of highways or commissioners of high¬ 
ways, as the case may be: And, provided, further, that in case such 
crossing is made on any waterway or natural channel for water and 
where a culvert or bridge is maintained as required for road pur¬ 
poses, said owners or occupants shall not be required to pay for or 
construct any more of said, crossings than the additional cost of 
such crossing over and above the necessary cost of a suitable culvert 
or bridge for road purposes at such place. 

140. To keep down weeds.] § 137. The commissioners of 
highways in their respective towns or road districts, shall annually, 
at the proper season, to prevent the spread of the same, destroy or 
cause to be destroyed, all cockle burr, Canada thistles, Russian 
thistle and all other kinds of thistles, or other noxious weeds, grow¬ 
ing brush or plants growing on or upon all public roads other than 
State aid roads within their respective towns or districts. The State 
Highway Engineer or the county superintendent of highways shall 
attend to the destruction of such weeds, thistles and plants upon all 
State aid roads. It is also hereby made the duty of the highway 
officers aforesaid to seasonably mow and keep down all weeds or 
other vegetation growing along the highways under their respective 
jurisdictions. 

Penalty.] Any highway officer failing to comply with the 
provisions of this section shall be liable to a fine of not less than 
$10.00 or more than $25.00 for each season in which he shall neglect 
the requirements of this Act. 

141. Capacity of bridges and culverts.] § 138. It shall 

be unlawful hereafter to construct any bridge or culvert upon any 
ravine, creek or river upon a public highway or street in any town, 
county or city in this State unless such bridge or culvert shall have 
the capacity of sustaining a weight of at least one hundred pounds 
to the square foot. 

Penalty.] Any person who shall violate the provisions of this 
section shall be guilty of a misdemeanor, and, upon conviction, shall 
be fined not to exceed $200.00. 


ARTICLE VIII. 

LAW OF THE ROAD-OFFENSES AND PENALTIES, 

142. Certain roads declared public highways. 

143. The term carriage. 

144. Notice against fast driving over bridge. 

145. Destroying or defacing guide boards, etc. 



Div. II.] 


LAW OF THE ROAD. 


189 


146. Depositiag in road weeds, garbage, etc. 

147. Injuring sidewalks, bridge, etc. 

148. Turn to the right. 

149. Drunken driver—penalty. 

150. Drunken driver—discharge of. 

151. Running horses, etc., on public roads. 

152. Team to be hitched. 

153. Owner liable for damages—driver of stage, etc., guilty of misde¬ 

meanor. 

154. Injuring or obstructing roads, etc. 

155. Obstructing person in highway. 

156. Itinerant camping on public highways unlawful—penalty for violat¬ 

ing this section. 

157. Engines on public highways—when unlawful to blow whistle—pen¬ 

alty. 

158. Suits for recovery of fines or penalties under act, how brought— 

application of fines. 

159. Fines—how disposed of. 

160. Restriction—jurisdiction. 

142. Certain roads declared public highways.] § 139. All 
roads in this State which have been laid out in pursuance of any 
law of this State, or of the Territory of Illinois, or which have been 
established by dedication or used by the public as highways for fif¬ 
teen (15) years, and which have not been vacated in pursuance of 
law, are hereby declared to be public highways. 

143. The term carriage.] § 140. The term “carriage” as 
used in this Act shall be construed to include stage coaches, wagons, 
carts, sleighs, sleds, automobiles, motorcycles, motor vehicles and 
every other carriage or vehicle used for the transportation of pas¬ 
sengers and goods, or either of them. 

144. Notice against fast driving over bridge.] § 141. The 
commissioners of highways, the State Highway Commission, the 
State Highway Engineer, or the county superintendent of highways, 
when they deem it advisable, may put up and maintain in con¬ 
spicuous places at each end of any bridge a notice with the following 
words in large characters: “Five dollars fine for riding or driving 
on this bridge faster than a walk.” If any person shall ride or drive 
over any bridge, upon which such notice has been placed, faster 
than a walk, he shall forfeit the sum of five dollars for every such 
offense. 

145. Destroying or defacing guide boards, etc.] § 142. 

For destroying or defacing any guide board, post or milestone, or 
any notice or direction put up on any bridge or otherwise, by or 
with the authority of the State Highway Commission, State High¬ 
way Engineer, county superintendent of highways, or the commis¬ 
sioners of highways of any town or district, the offender shall for¬ 
feit a sum of no [not] less than three dollars, nor more than fifty 
dollars. 



190 


ROADS AND BRIDGES. 


[Div. II. 


146. Depositing in road weeds, garbage, etc.] § 143. It is 
hereby declared unlawful for any person to deposit in a public road 
weeds, trash, garbage or other offensive matter or any broken bot¬ 
tles, glass, boards containing projecting nails or any other thing 
likely to cause punctures in the tires of automobiles or motor 
vehicles; and any person so offending shall be liable to a penalty of 
not less than three dollars nor more than ten dollars: Prozided, 
hozvever, that this section shall not apply to proper deposits of harm¬ 
less materials made in good faith and in a proper manner to repair 
the roads. 

147. Injuring sidewalks, bridge, etc.] § 144. If any per¬ 
son shall purposely destroy or injure any sidewalk, public bridge, 
culvert, or causeway, or remove any of the timber or plank thereof, 
or obstruct the same, he shall forfeit a sum not less than three nor 
more than one hundred dollars, and shall be liable for all damages 
occasioned thereby and all necessary costs for rebuilding or repair¬ 
ing the same. 

148. Turn to the right.] § 145. That whenever any per¬ 
sons traveling with any carriages, shall meet on any turnpike, road 
or public highway in this State, the persons so meeting shall sea¬ 
sonably turn their carriages to the right of the beaten track, so as to 
permit each carriage to pass without interfering or interrupting, 
under the penalty of five dollars for every neglect or offense, to be 
recovered by the party aggrieved: Provided, this section shall not 
be construed to apply to a case where it is impracticable from the 
nature of the ground for the driver of the carriage or wagon to turn 
to the right of the beaten track. 

149. Drunken driver—Penalty.] § 146. No person own¬ 
ing any carriage, running or traveling upon any road in this State 
for the conveyance of passengers, shall knowingly employ, or con¬ 
tinue in employment, any person to drive such carriage who is ad¬ 
dicted to drunkenness or the excessive use of spirituous liquors; 
and if any such owner shall violate the provisions of this section, he 
shall forfeit at the rate of $5.00 per day for all the time he shall 
keep such driver in his employment. Any person driving his own 
team, or the team of another, on the public highway, when intoxi¬ 
cated, shall be subject to a fine of not less than $3.00, nor more than 
$25.00 for each offense. 

150. Drunken driver, Discharge of.] § 147. If any driver, 

while actually employed in driving any such carriage shall be 
guilty of intoxication, to such a degree as to endanger the safety of 
the passengers in the carriage, it shall be the duty of the owner of 
such carriage, on receiving written notice of the fact, signed by any 
one of said passengers, and certified by him on oath, forthwith to 



Div. II.] 


LAW OF THE ROAD. 


191 


discharge such driver from his employment; and every such owner 
who shall retain, or have in his employ, within thirty days after the 
receipt of such notice, any driver who shall have been so intoxicated, 
shall forfeit at the rate of five dollars per day for the time during 
which he shall keep any such driver in his employment after receiv¬ 
ing such notice. 

151. Running horses, etc., on public roads.] § 148. No 

person driving any carriage upon any turnpike, road or public high¬ 
way within the State, with or without passengers therein, shall run 
his horses, or carriage or permit the same to run, upon any occasion, 
or for any purpose whatever, except in case of necessity; and every 
person who shall offend against the provisions of this section shall 
be deemed guilty of a misdemeanor, and on conviction thereof, shall 
be fined not exceeding $100.00 or imprisoned not exceeding sixty 
days, at the discretion of the court. 

152. Team to be hitched.] § 149. It shall not be lawful 
for the driver of any carriage, used for the purpose of conveying 
passengers for hire, to leave the horses attached thereto while pas¬ 
sengers remain therein, without making such horse fast with a suffi¬ 
cient halter, rope or chain, or by placing the lines in the hands of 
some other person, so as to prevent their running; and if any such 
driver shall offend against the provisions of this section, he shall 
forfeit the sum of $20.00 to be recovered by action, to be com¬ 
menced within six months; and unless the amount of such recovery 
be paid forthwith, execution shall be immediately issued therefor. 

153. Owner liable for damages—Driver of stage, etc., guilty 
of misdemeanor.] § 150. The owner [s|] of every carriage run¬ 
ning upon any turnpike, road or public highway, for the conveyance 
of passengers, shall be liable, jointly or severally to the party in¬ 
jured, in all cases, for all injuries or damages done by any person 
in the employment of such owners as a driver while driving such 
carriage, to any person, or to the property of any person, and that 
whenever the act occasioning such injury or damage be wilful, 
negligent or otherwise, in the same manner as such driver would 
be liable. Any driver of any mail stage coach, or any other vehicle 
for the conveyance of passengers, wilfully offending against the pro¬ 
visions of this Act, shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be fined not exceeding $300.00, or 
imprisoned not exceeding four months. 

154. Injuring or obstructing roads, etc.] § 151. If any 
person shall injure or obstruct a public road by felling a tree or 
trees in, upon or across the same, or by placing or leaving any other 
obstruction thereon, or encroaching upon the same with any fence, 
or by plowing or digging any ditch or other opening thereon, or by 
turning a current of water so as to saturate or wash the same, or 



192 


ROADS AND BRIDGES. 


[Div. II. 


shall leave the cuttings of any hedge thereon, for more than ten days, 
he shall forfeit for every such offense a sum not less than three 
dollars, nor more than ten dollars; and in case of placing any 
obstruction on the highway, an additional sum of not exceeding 
three dollars per day for every day he shall suffer such obstruction 
to remain after he has been ordered to remove the same by the com¬ 
missioners of highways, or in case the road is a State aid road, after 
he has been ordered to remove the same by the State Highway 
Commission, State Highway Engineer or county superintendent of 
highways. Any person feeling himself aggrieved may make com¬ 
plaint under this section: Provided, however, this section shall not 
apply to any person who shall lawfully fell any tree for use and shall 
immediately remove the same out of the road, nor to any person 
through whose land a public road may pass, who shall desire to 
drain his land, and who shall give due notice to the proper highway 
officials of such intention: And, provided, further, that the commis¬ 
sioners of highways, State Highway Commission, State Highway 
Engineer, or county superintendent of highways, as the case may be, 
after having given reasonable notice (to the owners) of the ob¬ 
struction, or persons so. obstructing, or plowing, or digging ditches 
upon such road, of the obstruction, may remove any such fence or 
other obstruction, fill up any such ditch or excavation, except ditches 
necessary to the drainage of an adjoining farm emptying into a ditch 
upon the highway, and recover the necessary cost of such removal 
from such owner or other person obstructing such road aforesaid, to 
be collected by the highway officials having jurisdiction of the road 
whereon such offense was committed. 

155. Obstructing person in highway.] § 152. If any per¬ 
son shall wilfully and unnecessarily hinder,, obstruct or delay, or 
shall wilfully and unnecessarily attempt to delay, hinder or obstruct 
any other person in lawfully driving or traveling along or upon any 
public highway in this State, he shall be deemed guilty of a mis¬ 
demeanor, and on conviction thereof, shall be fined not less than 
ten (10) nor more than twenty-five (25) dollars; and shall also be 
liable for all damages occasioned to any person by reason of a viola¬ 
tion of this section. 

156. Itinerant camping on public highways unlawful.] § 

153. It shall be unlawful for any itinerant person or persons on 
any public highway in this State to either hitch or turn loose any 
stock, cows, horses or other animals for purpose of feeding same 
or for purpose of temporary camping on such public highways of 
this State for a period to exceed twelve hours in any one township 
or district. 

Penalty for Violating This Section.] Any legal voter or 
resident in this State may enter complaint before any court having 




Div. II.] 


LAW OF THE ROAD. 


193 


jurisdiction against any person or persons found violating this sec¬ 
tion and it shall be the duty of such court to issue a warrant for the 
arrest of such violators and have them brought forthwith before 
said court for examination, and if found guilty of such violation as 
charged, shall be fined in a sum not less than ten dollars ($10.00) 
or exceeding fifty dollars ($50.00) for each such offense, or com¬ 
mitted to the county jail not exceeding thirty days, at the discretion 
of such court. 

157. Engines on public highways.] § 154. It shall be the 
duty of persons in charge of any steam, or gasoline or oil traction 
engine, being propelled over the highways of this State, to stop said 
engine whenever they meet any person or persons going in the oppo¬ 
site direction on said highway with horses or other animals, until 
said horses or other animals shall have passed by; and said engine 
shall be stopped when it is one hundred (100) yards distant from 
said horses or other animals, and sooner in case said horses or other 
animals become frightened at said engine before arriving at said 
distance. The owner or driver of said engine shall also keep a good, 
trusty man not less than fifty (50) nor more than two hundred 
(200) yards in advance of said engine, to assist in controlling any 
horses or other animals being driven or used on said highway; until 
said horses or other animals shall have passed by said engine; and 
it shall be the duty of the man thus sent in advance to use all rea¬ 
sonable care and diligence to prevent the occurrence of any acci¬ 
dents which might result in case said horses or other animals become 
frightened at said steam engine. 

When Unlawful to Blow Whistle.] It shall be unlawful 
for any person to blow the whistle of said engine while on the public 
highway. 

Penalty.] Any owner of a steam, or gasoline or oil traction 
engine, who, by himself, agent or employee, violates the provisions 
of this section, shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall, for each offense, be fined not less than ten 
dollars nor more than fifty dollars, to be recovered before any court 
of competent jurisdiction, and shall also be liable for all damages 
that may be sustained by persons or property by reason of his failing 
to comply with the provisions of this section. 

158. Suits for recovery of fines or penalties under Act, how 
brought—Application of fines.] § 155. All suits for the recov¬ 
ery of any fine or penalty under this Act, including as well such 
offenses as may be committed upon or in relation to State aid roads 
as upon other roads, shall be brought in the name of the town or 
district in which the offense is committed, before any justice of the 
peace within the county, who shall have jurisdiction in such cases, to 





194 


ROADS AND BRIDGES. 


[Div. II. 


the extent of their jurisdiction in other cases, or before any other 
court of competent jurisdiction: Provided, that all suits or fines and 
penalties, incurred under this Act, on town or district and county 
line roads, shall be brought in the name of the town or district to 
which that part of the road shall have been allotted, before any jus¬ 
tice of the peace who shall have jurisdiction in such cases to the 
extent of their jurisdiction in other cases or before any other court 
of competent jurisdiction; and it shall be the duty of the State High¬ 
way Commission, State Highway Engineer, county superintendent 
of highways and commissioners of highways to seasonably prosecute 
for all fines and penalties under this Act; but in case of failure of 
said officers to so prosecute, complaint may be made by any person: 
Provided, said person shall before bringing suit in the name of the 
town or district, give bond for costs, as is provided for in case of a 
non-resident. But whenever any person shall enter complaint to any 
of said highway officials, it shall be the duty of such highway official 
to at once proceed to investigate as to the reason of such complaint, 
and if such complaint is found to be just, he shall at once proceed 
to prosecution. 

159. Fines—How disposed of.] § 156. All fines and penal¬ 
ties recovered under the provisions of this Act for offenses com¬ 
mitted upon or in relation to State aid roads, shall, unless otherwise 
provided, be paid over to the county treasurer, and by him trans¬ 
mitted to the State Treasurer to become a part of the State road and 
bridge fund. All fines and penalties recovered under the provisions 
of this Act for ofifenses committed upon or in relation to all other 
roads shall, unless otherwise provided, be paid over to the treasurer 
of the road and bridge fund of the town or district where the of¬ 
fense is committed to be expended upon the roads and bridges in 
said district or town. The judgment or docket entry of the court or 
justice imposing a fine or penalty for violation of this Act as afore¬ 
said, shall in each instance specify whether such offense was 
committed upon or in relation to a State aid road or a road other 
than a State aid road. 

160. Restriction—Jurisdiction.] § 157. Nothing contained 
in this Act shall interfere with or affect any law concerning hackney 
coaches or carriages in any of the cities of this State, nor interfere 
with nor affect the laws or ordinances of any such city for the 
licensing or regulating such coaches or carriages. Justices of the 
peace shall have jurisdiction of all cases arising under this Act, 
where the penalty does not exceed their Jurisdiction. 



Div. II.] SINGLE HIGHWAY COMMISSIONER SYSTEM. 


195 


ARTICLE IX. 

OPTIONAL—SINGLE HIGHWAY COMMISSIONER SYSTEM PROVIDED FOR. 

161. Provisions optional. 

162. Petition for adoption—election. 

163. Notice of election. 

164. Ballots—conduct of special election. 

165. Result of election. 

166. Election of commissioner—tenure of office. 

167. Provision specially applicable to—counties not under township organ¬ 

ization. a. Clerk, b. Conduct of elections. 

168. A. Powers, duties and compensation of highway commissioner. B. 

Compensation. 

169. Withdrawal from provisions of this article. 

170. Election of officers upon withdrawal from this article. 

161. Provisions optional.] § 158. The provisions of this 
article shall become effective in any township or road district in this 
State upon the adoption of the same by the legal voters of such 
township or road district as hereinafter provided and not otherwise. 

162. Petitions for adoption — Election.] § 159. At any 
time following the passage and approval of this Act, on petition 
of not less than twenty-five of the legal voters of any township or 
road district, the town or district clerk thereof shall, within thirty 
days thereafter, call a special election at which there shall be sub¬ 
mitted to the voters of such town or road district the question of 
having a single highway commissioner in such township or road 
district: Provided, however, that no such election shall be held 
within the period of thirty days next preceding any annual town or 
road district election, and elections for the purposes specified in this 
section shall not be held oftener than once in three years: And, 
provided, f urther, that in all counties not under township organiza¬ 
tion which are now operating under the optional Act entitled, “An 
Act in regard to roads and bridges in counties not under township 
organization, and to provide for the adoption of the same,” ap¬ 
proved May 10, 1901, no special election shall be held for the pur¬ 
poses provided in this section until the division of such counties into 
road districts as provided in section 41 of this Act. 

163. Notice of election.] § 160. Upon the filing of a peti¬ 
tion for an election to change from the three highway commissioner 
system to the single highway commissioner system, as provided in 
the preceding section, the town or district clerk shall post notices 
of the time and place of holding such special election in at least three 
of the most public places in said town or road district, which notices 
shall be posted at least fifteen days prior to the time of holding such 
election. 



196 


ROADS AND BRIDGES. 


[Div. II. 


164. Ballots—Conduct of special election.] § 161. The 

ballots to be used at said election shall contain the following form: 
“For Single Highway Commissioner System;” “Against Single 
Highway Commissioner System.” The special election held pursuant 
to the provisions of this article shall be conducted in the same man¬ 
ner and subject to the same laws and regulations as are prescribed 
for other elections held pursuant to the provisions of this Act. 

165. Result of election.] § 162. If a majority of the legal 
voters voting at said special election shall vote in favor of the propo¬ 
sition, “For Single Highway Commissioner System,” then and there¬ 
after and until said vote shall be reversed in the manner hereinafter 
provided the provisions of this article shall be effective in such town¬ 
ship or road district, and in said township or road district there 
shall be but one highway commissioner to be elected as hereinafter 
provided. 

166. Election of commissioner—Tenure of office.] § 163. 

At the next annual town meeting or road district election'held next 
after the adoption of the provisions of this article by any town or 
road district in this State, there shall be elected a single highway 
commissioner for such town or district, who shall hold his office for 
three years and until his successor is elected and qualified. And 
thereafter there shall be elected every three years a highway commis¬ 
sioner as the successor of the highway commissioner whose term of 
office shall expire. The official term of any highway commissioner 
holding office at the time of the adoption of this article by any town 
or road district shall expire upon the qualification of the single high¬ 
way commissioner elected at said next ensuing annual town meeting 
or road district election. 

167. Provisions specially applicable to—Counties not under 
township organization—(A) Clerk.] § 164. In any road district 
in a county not under township organization adopting the provisions 
of this article, the district clerk shall be elected at the same time as 
the highway commission [er]. The official term of any such clerk 
holding office at the time of the adoption of this article by any town 
or road district shall expire upon the qualification of the district 
clerk elected at said next ensuing annual road district election. 

(B) Conduct of Elections.] In all road districts in counties 
not under township organization having adopted the provisions of 
this article, the regular election for commissioner of highways and 
district clerk shall be held on the first Tuesday in April every three 
years at the place designated by the commissioner of highways. The 
commissioner of highways and two other persons to be named by 
the county board for each road district of the county operating 
under this article shall act as judges of election, and the district 



Div. II.] SINGLE HIGHWAY COMMISSIONER SYSTEM. 


19? 


clerk shall be ex officio clerk of all district elections, but before enter¬ 
ing upon the discharge of their duties they shall take the oath of 
office prescribed by the general election laws of the State. In the 
absence of any of the above named officers the vacancy shall be 
filled by appointment by the commissioner, or in his absence by the 
district clerk, and in case both the commissioner and the district 
clerk are absent, the electors present shall appoint such officers. 

168. (A) Powers, duties and compensation of highway 
commissioner.] § 165. In any town or road district which shall 
adopt the provisions of this article all the powers and duties herein¬ 
before vested in the board of highway commissioners and the mem¬ 
bers thereof, shall thereafter be fully enjoyed, exercised and em¬ 
ployed by the single highway commissioner provided for in this 
article, and all the preceding provisions of this Act, in so far as com¬ 
patible with the provisions of this article, shall remain and be in full 
force and effect. 

(B) Compensation.] In any town or road district adopting 
the provisions of this article, the single highway commissioner herein 
provided for shall receive for each and every day he is necessarily 
employed in the discharge of his duties a salary to be fixed by the 
county board in counties not under township organization and by 
the board of town auditors in counties under township organization 
not to exceed in counties of the first class three dollars and fifty 
cents ($3.50) per day, in counties of the second class four dollars 
($4.00) per day, and in counties of the third class five dollars 
($5.00) per day, upon a sworn statement to be filed by such com¬ 
missioner in the office of the town or district clerk, showing the 
number of days he was employed and the kind of employment, and 
giving the dates thereof. 

169. Withdrawal from provisions of this article.] § 166. 

Any town or road district having adopted the provisions of this 
article may withdraw from the provisions thereof and elect to come 
under the general provisions of this Act whereby three highway 
commissioners are provided for in each town or road district. Such 
withdrawal from the provisions of this article shall by the vote of 
the legal voters of such town or district, and provisions therefor 
may be inaugurated by petition to the town or district clerk, in the 
manner provided in section 161 of this Act. Upon the filing of such 
petition a special election therefor shall be called, and conducted, 
and the result thereof declared as provided in sections 161, 162 and 
164 of this Act: Provided, that no such special election shall be 
held within the period of thirty days preceding the second Tuesday 
in April in any year. At said special election the proposition peti¬ 
tioned for and submitted to the voters shall be as follows: “For con- 



198 


ROADS AND BRIDGES. 


[Div. II. 


tinuing single Highway Commissioner System” and “Against con¬ 
tinuing [single] Highway Commissioner system.” A majority of 
all the voters voting at such election shall be required to withdraw 
such town or road district from the provisions of this article, and 
after any town or district has voted to withdraw from the pro¬ 
visions of this article, no special election shall be called to return 
to the provisions of this said article for a period of at least three 
years. 

170. Election of officers upon withdrawal from this article.] 

§ 167. In case any town or road district having adopted the pro¬ 
visions of this article shall elect to withdraw therefrom and come 
under the three commissioner system as provided in th'e preceding 
section of this Act, the town or district clerk shall give notice, in the 
manner hereinbefore provided that at the next annual town meet¬ 
ing in counties under township organization, or at an election to be 
held on the first Tuesday in April then next ensuing in counties not 
under township organization, there will be elected three highway 
commissioners for such town or road district. Of the three com¬ 
missioners elected at the election held pursuant to such notice, one 
shall hold his office for three years, one for two years and the third 
for one year, to be determined between them by lot before entering 
upon the duties of their office. Upon the election and qualification 
of the members of such board of highway commissioners the unex¬ 
pired portion of the term of any single highway commissioner who 
may be in office by virtue of the preceding provisions of this article 
shall thereby be terminated. 

In all road districts in counties not under township organization 
electing to withdraw from the provisions of this article, as aforesaid, 
a district clerk shall also be elected at the time and place of holding 
the election of the three highway commissioners as aforesaid, and 
the unexpired portion of the term of any district clerk then in of¬ 
fice shall terminate upon the qualifications of the clerk elected at 
such election. 


ARTICLE X. 

ACT CONSTRUED-STATUTES REPEALED. 

171. Part invalid. 

172. Certain acts repealed. 

171. Part invalid.] § 168; The invalidity of any portion of 
this Act shall not affect the validity of any portion thereof which 
can be given effect without such invalid part. 

172. Certain acts repealed.] § 169. The following Acts 
and parts of Acts are hereby repealed; 



Div. II.] 


STATUTES REPEALED. 


199 


“An Act in regard to roads and bridges in counties under town¬ 
ship organization, and to repeal an Act and parts of Acts therein 
named,” approved June 23, 1883: Provided, however, that all offi¬ 
cials now holding office under said Act shall continue to exercise 
and enjoy their respective rights, powers, duties and emoluments as 
therein provided until the first election of highway officials held 
under and pursuant to the provisions of this Act. 

“An Act to provide for the organization of road districts, the 
election and duties of the officials therein, and in regard to roads 
and bridges, in counties not under township organization, and to 
repeal an Act and parts of Acts therein named,” approved May 4, 
1887: Provided, however, that all officials now holding office under 
said Act shall continue to exercise and enjoy their respective rights, 
powers, duties and emoluments as therein provided until the first 
election of highway officials held under and pursuant to the pro¬ 
visions of this Act. 

“An Act in regard to roads and bridges in counties not under 
township organization and to provide for the adoption of the same,” 
approved May 10, 1901: Provided, however, that all officials now 
holding office under said Act shall continue to exercise and enjoy 
their respective rights, powers, duties and emoluments as therein 
provided until the first election of highway officials held under and 
pursuant to the provisions of this Act. 

“An Act requiring the destruction of cockle burrs, weeds or 
plants,” approved May 31, 1879. 

“An Act to amend sections one (1) and two (2) of an Act 
entitled ‘An Act requiring the destruction of cockle burrs, weeds or 
plants,’ approved May 31, 1879, and by adding thereto sections 
three (3), four (4) and five (5),” approved June 2, 1895. 

“An Act to authorize the construction and maintenance of 
gravel, rock, macadam or other hard roads,” approved June 18, 
1883. 

“An Act to protect persons and property from danger from 
steam engines on public highways,” approved June 26, 1885. 

“An Act to enable commissioners of highways to condemn 
lands under the right of eminent domain for the purpose of pro* 
curing rock, gravel or other material for building or repairing puffi 
lie roads,” approved June 21, 1895. 

“An Act authorizing the highway commissioners of any town¬ 
ship to construct sidewalks in unincorporated villages,” approved 
June 21, 1895. 

“An Act concerning travel upon public highways,” approved 
June 21, 1895. 

“An Act to regulate the construction of bridges and culverts,” 
approved April 21, 1899. 



200 


ROADS AND BRIDGES. 


[Div. II. 


“An Act to provide for appointment of a good roads commis¬ 
sion and to make an appropriation therefor,” approved May 15, 
1903. 

“An Act entitled ‘An Act to enable commissioners of highways 
in counties not under township organization to straighten water 
courses in the construction of public roads/ ” approved May 16, 
1905. 

“An Act authorizing the commissioners of highways in any 
township in counties under township organization and the commis¬ 
sioners of highways or boards of county commissioners in counties 
not under township organization, to maintain earth roads with a 
drag and to contract for the use of the same and provide penalty for 
injury to work so done/’ approved May 31, 1907. 

“An Act making it the duty of counties under township organi¬ 
zation and towns in counties under township organization to build, 
construct and maintain approaches to bridges located on or near 
town and county lines,” approved June 4, 1907. 

“An Act to protect turnpike and gravel or macadam roads and 
to provide a penalty for its violation,” approved June 5, 1911. 

“An Act to authorize counties changing from township organi¬ 
zation to county organization to assess a poll tax, road labor and 
road tax at any meeting of the county commissioners during the 
first year after such change,” approved May 28, 1879. 

“An Act in regard to itinerant camping on public highways,” 
approved April 21, 1899. 

“An Act to establish a State Highway Commission defining 
the duties thereof and to make an appropriation for experimental 
purposes,” approved May 18, 1905. 

“Section 16 of an Act entitled, ‘An Act to revise the law in rela¬ 
tion to township organization/ ” approved March 4, 1874, and as 
amended by an Act approved May 10, 1901. 

“An Act to provide for the election of the commissioners of 
highways in counties under township organization, and to legalize 
the election and official acts of such as were elected in the years 
1874 and 1875, and to fix the compensation of the treasurers of 
such commissioners,” approved April 15, 1875. 

CONSTRUCTION OF BRIDGE PIERS. 

AN ACT to compel tlae construction of bridge pier booms, on all bridges over 
the navigable portion of the Illinois river. [Approved June 16 1883. In 
force July 1 , 1883. Laws 1883, p. 54.] 

173. For construction of bridge pier booms over Illinois River. 

173. For construction of bridge pier booms over Illinois 
river.] § 1 .Be it enacted by the People of the State of Illinois, 




Div. II.] CERTAIN BRIDGES EXEMPT FROM TAXATION. 


201 


represented in the General Assembly: That all bridges now con¬ 
structed or hereafter to be constructed over the navigable portion 
of the Illinois river, there shall be built and kept in good repair 
bridge pier booms, by the company or corporation owning and 
managing the said bridges, and within a reasonable time after 
the passage of this Act or the construction of any bridge over 
said river as aforesaid; and said pier boom shall be constructed 
above the upper side of each pier contiguous to the channel of 
the river and shall commence at the point of said pier and be 
at least three hundred feet in length each; the piling used for said 
work shall be sufficient in length to be at least, when used, three feet 
above high-water mark, and be set sufficiently close together so that 
the current of water can not pass through, under or between them, 
and be made solid so that a steamboat or other water-craft cannot 
bear against them in passing through without moving the same; and 
that said piling shall be weatherboarded with plank at least one 
and one-quarter inch in thickness, from the top to low-water mark, 
thus forming a solid wall. That the said work shall be constructed 
under the supervision of a competent engineer. 

EXEMPTING CERTAIN BRIDGES FROM TAXATION. 

AN ACT exempting from taxation bridges across any stream forming the 
boundary line between this and an adjoining State when such bridge is 
a free public highway. [Approved May 10, 1889. In force July 1 , 1889. 
Laws 1889, p. 63.] 

178. Exempting certain bridges from taxation. 

179. Penalty for violating rules of owner, etc. 

178. Exempting certain bridges from taxation.] § 1. Be 

it enacted by the People of the State of Illinois represented in the 
General Assembly: That whenever any bridge used exclusively for 
persons and vehicles, across any stream forming the boundary line 
between this and an adjoining State, shall be made in a public high¬ 
way free to all persons and vehicles, such bridge shall not be subject 
to taxation in this State: Provided, that nothing in this Act shall 
prevent the owner or owners of such bridge or those under whose 
authority it is operated from making and enforcing by fine such 
rules and regulations as may be deemed necessary for the manage¬ 
ment of such bridge. 

179. Penalty for violating rules of owner, etc.] § 2. Who¬ 
ever shall violate any of the rules or regulations so made by such 
owner or owners or those under whose authority such bridge is 
operated, shall be deemed guilty of a misdemeanor, and shall be 
fined not to exceed one hundred dollars. 



202 


ROADS AND BRIDGES. 


[Div. II. 


MOTOR VEHICLE LAW. 

MOTOR VEHICLES AND MOTOR BICYCLES. 

AN ACT defining motor vehicles and providing for the registration of the 
same and of motor bicycles, and uniform rules regulating the use and 
speed thereof; prohibiting the use of motor vehicles without the consent 
of the owner and the offer or acceptance of any bonus or discount or 
other consideration for the purchase of supplies or parts for any such 
motor vehicle or for work or repairs done thereon by others, and defin¬ 
ing chauffeurs and providing for the examination and licensing thereof, 
and to repeal certain Acts therein named. [Approved June 10, 1911. In 
force July 1, 1911. Laws 1911, p. 487.] 

180. Term “motor vehicle” defined. 

181. Registration by owners of motor vehicles and motor bicycles—cer¬ 

tificate of registration. 

182. Numbers to be displayed upon motor vehicles and motor bicycles. 

183. Lamps. 

184. Registration by manufacturers and dealers—registration. 

185. Fictitious number. 

186. Registration in case of sale. 

187. Non-resident not required to register under certain conditions. 

188. Brakes, horns, etc . 

189. Speed. 

190. Racing on public highway. 

191. Local ordinances prohibited. 

192. License of chauffeurs — renewals. 

193. Chauffeur’s badge. 

194. Use of motor vehicles and motor bicycles without owner’s consent 

and offer and acceptance of bonus on purchase of supplies or 
parts prohibited. 

195. Meeting animals — giving name and address in case of accident. 

196. No effect or right to damages. 

197. Penalties. 

198. Disposition of registration fees. 

199. Public highways and local authorities defined. 

200. Acts repealed. 

180 . Term “Motor Vehicle” defined.] § 1 . Be it enacted 
by the People of the State of Illinois , represented in the General 
Assembly: That whenever the term “motor vehicle” is used in this 
Act, it shall be construed to include automobiles, locomobiles, and 
all other vehicles propelled otherwise than by muscular power, 
except motor bicycles, traction engines and road rollers, the cars of 
electric and steam railways and other motor vehicles running only 
upon rails or tracks, but nothing in this Act shall be construed to 
apply to or to affect bicycles or tricycles or such other vehicles a? 
are propelled exclusively by muscular pedal power. 

181 . Registration* by owners of motor vehicles and motor 
bicycles—Certificate of registration.] § 2. Every owner of a 



Div. II.] 


MOTOR VEHICLE LAW. 


203 


motor vehicle or motor bicycle which shall be driven in this State 
shall, except as otherwise provided in this Act, within ten days after 
he becomes the owner of such motor vehicle or motor bicycle, file in 
the office of the Secretary of State an application for a certificate of 
registration properly sworn to, setting forth his name and address, 
with a brief description of the vehicle, or bicycle, to be registered, 
including the name of the maker, factory number, style of vehicle 
or bicycle and the motor power, and (except in case of electrically 
propelled vehicles) the amount of such motor power stated in figures 
of horse power on a blank to be prepared and furnished by such 
Secretary of State for that purpose, and shall pay to said Secretary 
of State a registration fee for each calendar year for each motor 
bicycle so registered, the sum of two dollars, and a registration fee 
for each calendar year for each motor vehicle so registered of 25 
horse power and less, the sum of $4.00; for each motor vehicle of 
35 horse power and more than 25 horse power, the sum 6f $6.00; 
for each motor vehicle of 50 horse power and more than 35 horse 
power, the sum of $8.00; for each motor vehicle of more than 50 
horse power, the sum of $10.00, and for each and every electrically 
propelled motor vehicle so registered, the sum of $5.00: Provided, 
the first registration fee for each motor vehicle or motor bicycle 
shall be pro rated in proportion to the number of months included 
between the first day of the month in which any such motor vehicle 
or motor bicycle is first registered and the thirty-first day of Decem¬ 
ber then next ensuing, and that no certificate for re-registration shall 
issue for less sum than the fee required for a calendar year: And, 
provided, further, that the owner of any motor vehicle registered in 
the office of the Secretary of State in compliance with law shall be 
entitled to register his said motor vehicle in compliance with the 
provisions of this Act upon the payment of the registration fees 
herein specified, less the unearned portion of the registration fee 
previously paid by him, figuring such unearned portion from the 
month in which such motor vehicle is registered as herein provided 
to the month in which such registration shall expire. Said regis¬ 
tration shall be made on the date the application is received and 
filed by the Secretary of State and shall expire with the last day of 
the calendar year in which such registration is made. Upon the 
filing in the office of the Secretary of State of said application and 
the payment of the registration fee, as hereinbefore provided, the 
Secretary of State, or his duly authorized agent, shall, without 
further fee, assign to such motor vehicle, or motor bicycle, as 
described in such application, a distinctive number, and shall issue 
to the owner of such motor vehicle or motor bicycle, as it is de¬ 
scribed in the application filed, a certificate of registration, which 
certificate shall be in the form of a card, which may be carried in 




204 


ROADS AND BRIDGES. 


[Div. II. 


the pocket, and which certificate shall contain the descriptive num¬ 
ber so assigned to such motor vehicle or motor bicycle, the name 
and address of the owner, a brief description of such motor vehicle 
or motor bicycle, stating the name of the manufacturer, the motor 
power, and the amount of such motor power stated in figures of 
horse power, or that such motor vehicle or motor bicycle is elec¬ 
trically propelled. The Secretary of State shall also issue and 
deliver to the owner of such motor' vehicle or motor bicycle a seal 
of aluminum or other suitable material which shall be circular in 
form and not to exceed two inches in diameter, having stamped 
thereon the words, “Registered motor vehicle or motor bicycle 
No., Ill. Motor Vehicle and Bicycle Law,” with the regis¬ 

tration number and the year of issue inserted therein, which seal 
shall be affixed to the motor vehicle or motor bicycle to which such 
number has been assigned. Duplicate certificates of registration 
will be issued upon a payment of fifty cents and the filing in the 
office of the Secretary of State of an affidavit to the effect that the 
original certificate of registration was lost, stolen or destroyed. 
The Secretary of State shall cause the name of such owner, with 
his address, registration number and date of the filing of the appli¬ 
cation and the description of the motor vehicle or motor bicycle, to 
be entered in alphabetical order of the owner’s name in a book to be 
kept for such purpose in the office of said Secretary of State, and 
shall not thereafter assign a number once assigned to a motor 
vehicle or motor bicycle owned by any other person, if the owner of 
the motor vehicle or motor bicycle to whom such number was first 
assigned shall, not less than twenty (20) days prior to the day of 
expiration of. said registration, file an application accompanied by 
the fees herein specified for the registration or re-registration of a 
motor vehicle or motor bicycle and request the assignment of said 
number, to a motor vehicle or motor bicycle owned by him: Pro¬ 
vided , that this section shall not apply to manufacturers of, or deal¬ 
ers in, motor vehicles in this State, except as to motor vehicles kept 
by such manufacturers or dealers for private use or for public hire. 
The Secretary of State shall, at the end of each calendar month, 
except the month of December in each year, print and mail to the 
clerks of all the counties in this State lists of registrations made in 
accordance herewith, showing the numbers of the motor vehicles 
and motor bicycles and the names and addresses of the owners 
thereof. 

182. Numbers to be displayed upon motor vehicles and 
motor bicycles.] § 3. The Secretary of State shall supply and 
deliver to the address of the owner of each licensed motor vehicle 
or motor bicycle registered in his office, as herein provided, charges 
prepaid, and without additional cost, one number plate for each 





Div. II.] 


MOTOR VEHICLE LAW. 


205 


motor bicycle, which shall be of a size one-third of that required for 
motor vehicles, as hereinafter provided, and which shall be con¬ 
spicuously displayed thereon, and two number plates for each motor 
vehicle other than a motor bicycle. All such number plates issued 
during any calendar year shall be of like design and color combina¬ 
tion, simple and inexpensive as may be for the purpose required, and 
the number thereon shall correspond with the number of the certifi¬ 
cate of registration and registration seal issued by the Secretary of 
State, as hereinbefore provided, and such number plates shall be 
conspicuously displayed upon the front and back of the motor 
vehicle to which they are assigned, as herein provided, whenever the 
same shall be driven or used upon the public streets, roads, turn¬ 
pikes, parks, parkways, drives or other public highways in this State; 
and shall be firmly attached to the said motor vehicle so that they 
will not swing loosely, and the rear number plate shall not be less 
than twenty (20) inches above the surface of the ground, and both 
shall at all times be kept clean and free from grease and dirt. The 
figures upon such number plates shall be separate arabic numerals, 
not less than six (6) inches in height, and each stroke shall be of a 
width not less than five-eighths of an inch, and said number plates 
shall also bear as part of such number the letters “111.” and each of 
such letters shall be not less than one inch in height. Such number 
plates shall be of a distinctly different color and shape for each 
calendar year, and there shall be at all times a marked contrast be¬ 
tween the color of the number plates and that of the figures and 
letters thereon: Provided , hozvever, the same combination of colors 
may be repeated after the lapse of five (5) years from the date of 
their first issue. The owner of such motor vehicle shall not be 
required to place any other marks of identity upon such motor 
bicycle or vehicle except the registration seal provided for in section 
2 of this Act. The Secretary of State shall pay the actual cost of 
such number plates, registration seals and certificates furnished for 
all registered motor bicycles and motor vehicles from the fees col¬ 
lected for such registration, provided a sworn detailed statement 
shall be made with each biennial report as to the amount expended 
therefor. 

183. Lamps.] § 4. When upon any public highway in this 
State, during the period from sunset to one hour before sunrise, 
every motor bicycle shall carry one lighted lamp and every motor 
vehicle two lighted lamps, showing white lights visible at least two 
hundred (200) feet in the direction toward which each motor bicycle 
or vehicle is proceeding and shall also exhibit at least one lighted 
lamp which shall be so situated as to throw a red light visible in the 
reverse direction. The number plate at the back of the motor vehicle 
provided for in section 3 shall be firmly attached to vehicle, so that 




206 


ROADS AND BRIDGES. 


[Div. II. 


it will not swing loosely, and shall be so lighted that the numbers 
on said plate shall be plainly legible and intelligible at a distance of 
150 feet: Provided, however, that nothing in this section contained 
shall be so construed as to prevent the use of any rear number plate 
other than that furnished by the Secretary of State, if such other 
plate and the numbers thereon shall correspond exactly in color and 
shape and size with the number plate provided for in section 3 of 
this Act: And, provided, further, that no means for lighting said 
rear number shall be held or taken to comply with the requirements 
of this section, unless the light or lights with which the same is pro¬ 
vided are accessible and controllable only from the outside of the 
motor vehicle to which the same is attached. 

184. Registration by manufacturers and dealers—Registra¬ 
tion.] § 5. Every person, firm, association or corporation manu¬ 
facturing or dealing in motor vehicles may instead of registering 
each motor vehicle so manufactured or, dealt in, make a verified 
application upon a blank to be furnished by the Secretary of State 
for a general distinctive number for all the motor vehicles owned or 
controlled by such manufacturer or dealer, such application to con¬ 
tain : (a) A brief description of each style or type of motor vehicle 

manufactured or dealt in by such manufacturer or dealer, including 
the character of the motor power, the amount of such motor power 
(except in case of electrically propelled motor vehicles), stated in 
figures of horse power, and (b) the name, residence, including 
county and business address, of such manufacturer or dealer. Upon 
the payment of the registration fee of fifteen dollars for each cal¬ 
endar year such application shall be filed and registered in the office 
of the Secretary of State in the manner provided in section two of 
this Act. There shall thereupon be assigned and issued to such 
manufacturer or dealer a general distinctive number, and without 
expense to him there shall be issued and promptly delivered to such 
manufacturer or dealer at his business address a certificate of regis¬ 
tration and registration seal in such form as the Secretary of State 
shall prescribe, and two number plates with a number corresponding 
with the number of such certificate of registration and registration 
seal. The number plates so issued shall be of distinctly different 
form than those provided for in section 3 of this Act but shall corre¬ 
spond in color and size of numbers and letters with the number 
plates for motor vehicles provided for in said section 3 hereof. Such 
number plates shall be conspicuously displayed upon the front and 
back of every motor vehicle of such manufacturer or dealer when 
the same is operated or driven on the public highways. Such manu¬ 
facturer or dealer may obtain as many duplicates of such number 
plates as may be desired upon payment to the Secretary of State of 



Div. IT.] 


MOTOR VEHICLE LAW. 


207 


one dollar for each duplicate. Nothing in this subdivision shall be 
construed to apply to a motor vehicle operated by a manufacturer 
or dealer for private use or for hire. 

Such registration shall be renewed annually in the same manner 
and on the payment of the same fee as provided in this section for 
original registration, such renewal to take effect on the first day of 
January of each year. The provisions of section 2, relating to first 
registrations made in compliance therewith and duration of re¬ 
newals, shall apply to registration under this section. 

185. Fictitious number. 1 § 6. No motor vehicle or motor 

bicycle shall be used or operated upon the public highways of this 
State after this Act shall take effect which shall display thereon a 
number belonging to any other vehicle or bicycle or fictitious regis¬ 
tration number: Provided, however, that this section shall not be 
construed to prohibit any other -number being displayed for any 
lawful purpose upon a motor vehicle or motor bicycle in addition to 
the number plates issued by the Secretary of State as aforesaid. 

Not later than the tenth day of January of each calendar year 
the owner of any licensed motor vehicle or motor bicycle shall file 
with the Secretary of State a properly executed application for reg¬ 
istration and such application shall be accompanied by the fee re¬ 
quired in each case by this Act. 

186. Registration in case of sale.] § 7. Immediately upon 

the sale and delivery of any motor vehicle or motor bicycle which 
has been registered as herein provided prior to the date of such sale 
by any person other than a manufacturer or dealer, the vendor shall 
remove the number plate or plates and the registration seal from the 
motor vehicle or motor bicycle so sold and within ten days after the 
date of such sale the vendor shall send a statement of such sale 
showing the date thereof, the registration number of the motor 
vehicle or motor bicycle so sold, and the name of the purchaser to 
the Secretary of State, together with a filing fee of one dollar, and 
thereupon such registration seal and number plate or plates shall 
cease to apply to the motor vehicle or motor bicycle so sold, and the 
purchaser shall register the same as in the case of an original regis¬ 
tration. Upon the payment to the Secretary of State of an addi¬ 
tional fee of one dollar, any other motor vehicle of like horse power 
or less, or any motor bicycle owned by such vendor may be regis¬ 
tered by such vendor, and the registration seal and number plate or 
plate so removed from the motor vehicle or motor bicycle so sold 
shall be assigned by the Secretary of State and shall apply to and 
be used upon such other motor vehicle or motor bicycle until the 
thirty-first day of December then next ensuing: Provided, however, 
that in case the horse power of any motor vehicle to which the unex¬ 
pired term of the registration of the vehicle sold is sought to be 



$08 


ROADS AND BRIDGES. 


[Div. II. 


applied would have required the payment of a larger registration fee 
than was paid upon the registration of the motor vehicle so sold, the 
vendor thereof shall before the registration seal and number plates 
may be applied to or used upon such motor vehicle of greater horse 
power, pay to the Secretary of State such a sum as added to the 
amount of the original registration fee paid for the year in which 
such motor vehicle is sold, equals the amount of the registration fee 
provided by this Act to be paid upon the registration of a motor 
vehicle of such greater horse power. 

187. Non-resident not required to register under certain con¬ 
ditions.] § 8. The provisions of sections two, three, five, six and 
seven of this Act shall not apply to any motor vehicle or motor 
bicycle owned by non-residents of this State (foreign corporations 
excepted), provided the owner thereof has complied with any law 
requiring the registration of motor vehicles or motor bicycles, or the 
names of the owners thereof, in force in the city, State, territory, 
or Federal district of his residence, provided the registration num¬ 
ber showing the initial or abbreviation of the name of such city, 
State, territory or Federal district shall be displayed on such vehicle, 
substantially as in section three of this Act provided: And, pro¬ 
vided, further, that a non-resident within the meaning of this Act 
shall be held and defined to mean a person residing in another State 
and temporarily sojourning within this State for a period of sixty 
days, or less, in any one year. 

188. Brakes, horns, etc.] § 9. Every motor vehicle and 
motor bicycle while in use on a public highway shall be provided 
with good and sufficient brakes and also with a suitable bell, horn or 
other signal device. No part of the machinery of any motor vehicle 
or motor bicycle shall be left running while such motor vehicle or 
motor bicycle is left standing without an attendant on any public 
highway in this State. 

189. Speed.] § 10. No person shall drive a motor vehicle 
or motor bicycle upon any public highway in this State at a speed 
greater than is reasonable and proper having regard to the traffic 
and the use of the way or so as to endanger the life or limb or injure 
the property of any person. If the rate of speed of any motor 
vehicle or motor bicycle operated upon any public highway in this 
State where the same passes through the closely built up business 
portions of any incorporated city, town or village exceeds ten (10) 
miles an hour or if the rate of speed of any motor vehicle or motor 
bicycle operated on any public highway in this State where the same 
passes through the residence portions of any incorporated city, town 
or village exceeds fifteen (15) miles an hour or if the rate of speed 
of any motor vehicle or motor bicycle operated on any public high- 




Div. II.] 


MOTOR VEHICLE LAW. 


209 


way in this State outside the closely built up business portions and 
the residence portions within any incorporated city, town or village 
exceeds twenty (20) miles an hour or upon any public highway out¬ 
side of the limits of an incorporated city, town or village if the rate 
of speed exceed twenty-five (25) miles per hour, such rates of speed 
shall be prima facie evidence that the person operating such motor 
vehicle or motor bicycle is running at a rate of speed greater than is 
reasonable and proper having regard to the traffic and use of the 
way or so as to endanger the life or limb or injure the property of 
any person. If the rate of speed of a motor vehicle or motor 
bicycle operated on any public highway in this State in going around 
a corner or curve in a highway where the operator’s view of the 
road traffic is obstructed exceeds six (6) miles an hour, such rate 
of speed shall be prima facie evidence tijat the person operating such 
motor vehicle or motor bicycle is running at a rate of speed greater 
than is reasonable having regard to the traffic and the use of the 
way or so as to endanger the life or limb or injure the property of 
any person. 

190. Racing on public highway.] § 11. Any person driving 
a motor vehicle or a motor bicycle upon a public highway in this 
State in a race, shall, upon conviction, be fined in a sum not exceed¬ 
ing $200.00. 

191. Local ordinances prohibited.] § 12. No owner of a 
motor vehicle, except motor trucks and motor driven commercial 
vehicles, or motor bicycle, who shall have obtained a certificate from 
the Secretary of State and paid the registration fees as hereinbefore 
provided, shall be required to pay any tax for vehicles carrying 
loads or any other tax upon the use of any such motor vehicle or 
motor bicycle in excess of the sum of $10.00 per annum for motor 
vehicles of thirty-five horse power or less used for the transporta¬ 
tion of persons or more than twenty dollars ($20.00) per annum 
for motor vehicles of more than thirty-five (35) horse power used 
for the transportation of persons, from and after May 1, 1912, or to 
obtain any other license or permit to use or operate the same, nor 
shall such owner be required to display upon his motor vehicle or 
motor bicycle any other number than the number of the registration 
seal, issued by the Secretary of State, or excluded or prohibited 
from or limited in the free use of his said motor vehicle or motor 
bicycle, nor limited as to speed upon any public street, avenue, road, 
turnpike, driveway, parkway, or any other public place, at any time 
when the same is or may hereafter be opened to the use of persons 
having or using other vehicles, nor be required to comply with other 
provisions or conditions as to the use of said motor vehicles or motor 
bicycles except as in this Act provided: Provided, hozvever, that 
nothing in this section contained shall be construed to apply to, or 



210 


ROADS AND BRIDGES. 


[Div. II. 


include, any speedway created, provided for, or maintained by the 
local authorities of any city, village, town or other municipal cor¬ 
poration within the State: And, provided, further, that the local 
authorities having jurisdiction over the public parks shall not by the 
terms of this Act be prohibited from adopting and enforcing such 
reasonable ordinances, rules or regulations concerning the speed at 
which motor vehicles or motor bicycles may be operated within any 
such parks, provided the rate of speed of motor' vehicles or motor 
bicycles by such ordinances, rules or regulations shall not be lower 
than the rate fixed for other vehicles and provided such authorities 
shall, by signs conspicuously placed, indicate the rate of speed per¬ 
mitted by such ordinances, rules or regulations: And, provided, 
further, that motor vehicles or motor bicycles may be excluded from 
any cemetery or grounds used for the burial of the dead, by the 
authorities having jurisdiction over the same. Except as in this 
section provided, no city, town or village, or other municipality shall 
have power to make any ordinance, by-laws or resolution limiting 
or restricting the use or speed of motor vehicles or motor bicycles, 
and no ordinance, by-law or resolution heretofore or hereafter made 
by any city, village or town, or other municipal corporation within 
the State, by whatever name known or designated, in respect to or 
limiting the use or speed of motor vehicles or motor bicycles shall 
have any force, effect or validity, and they are hereby declared to be 
of no validity or effect: Provided, that nothing in this Act con¬ 
tained shall be construed as affecting the power of municipal cor¬ 
porations to make and enforce ordinances, rules and regulations 
affecting motor trucks and motor driven commercial vehicles and 
motor vehicles which are used within their limits for public hire, or 
from making and enforcing reasonable traffic and other regulations 
except as to rates of speed not inconsistent with the provisions 
hereof. 

192. License of chauffeurs—Renewals.] § 13. An applica¬ 
tion for a license to operate motor vehicles as a chauffeur, which is 
hereby defined to mean any person operating a motor vehicle as a 
mechanic or employe, or for hire, may be made by mail or otherwise 
to the Secretary of State, or his duly authorized agent, upon blanks 
prepared under his authority. The Secretary of State shall appoint 
examiners and cause examinations to be held at convenient points 
throughout the State as often as may be necessary. Such applica¬ 
tions shall be accompanied by the fee provided herein and by a 
photograph of the applicant in such numbers and forms as the 
Secretary of State shall prescribe, and such photographs shall have 
been taken within thirty days prior to the filing of such application. 
Before such a license is granted the applicant shall pass such an 
examination as to his qualifications as the Secretary of State shall 



Div. II.] 


MOTOR VEHICLE LAW. 


211 


require and no license shall be issued until the Secretary of State, 
or his authorized agent, is satisfied that the applicant is a proper 
person to receive it, and no chauffeur’s license shall be issued to any 
person under eighteen years of age. A distinguishing number or 
mark shall be assigned to each chauffeur to whom a license shall 
be issued and the license shall be in such form as the Secretary of 
State may determine; it may contain special restrictions and limita¬ 
tions concerning the type of motor car, horse power, design and 
other features of the motor vehicle which the licensee may operate. 
It shall contain the distinguishing number or mark assigned to the 
licensee, his name* place of residence and address, a brief descrip¬ 
tion of the licensee for the purpose of identification and a photo¬ 
graph of the licensee. Such distinguishing number or mark shall 
be of a distinctly different color each year and in each year shall 
be of the same color as that of the number plates issued for that 
year. The holder of every such license shall endorse his usual signa¬ 
ture on the margin of the license in a space to be provided for that 
purpose, immediately upon receipt of said license, which shall not be 
valid until so endorsed. Every application for a license filed under 
the provisions of this section shall be sworn to and shall be accom¬ 
panied by a fee of $5.00. And all licenses issued prior to December 
31, 1912, shall expire on that date. 

Upon receipt of such an application the Secretary shall file the 
same in his office and register the applicant in a book or index which 
shall be kept in the same manner as the book or index for the regis¬ 
tration of motor vehicles and when the applicant shall have passed 
the examination herein provided for, the number or mark assigned 
to such applicant, together with the fact that such applicant has 
passed such examination, shall be noted in said book or index, and 
the name of the applicant shall be furnished the county clerk of the 
county of which the applicant is a resident. 

No person shall operate or drive a motor vehicle as a chauffeur 
upon a public highway of this State after the first day of January, 
1912, unless such person shall have complied in all respects with the 
requirements of this section: Provided, however, that a non-resi¬ 
dent chauffeur who has registered under the provisions of the law of 
the foreign country, State, territory, or Federal district of his resi¬ 
dence substantially equivalent to the provisions of this section shall 
be exempt from license hereunder. Such license shall be renewed 
annually upon the payment of a fee of $3.00, and shall take effect on 
the first day of January of each year: Provided, hozvever, that if it 
shall be made to appear to the satisfaction of the Secretary of State 
that any chauffeur shall have driven or operated a motor vehicle 
within this State while under the influence of intoxicating liquor 
the Secretary of State shall not renew the license of such chauffeur 





212 


ROADS AND BRIDGES. 


[Div. II. 


until after the expiration of the period of one year from and after 
the date of the expiration of the license of any such chauffeur. 

193. Chauffeur’s badge.] § 14. The Secretary of State 
shall furnish to every chauffeur so licensed a suitable metal badge 
with the distinguishing number or mark assigned to him thereon, 
without extra charge therefor and this badge shall be worn by such 
chauffeur pinned upon his clothing in a conspicuous place, at all 
times while he is operating or driving a motor vehicle on the public 
highways. Said badge shall be valid only during the term of the 
license of the chauffeur to whom it is issued as aforesaid. 

No chauffeur having been licensed as herein provided shall 
permit any other person to possess or use his license or badge, nor 
shall any person while operating or driving a motor vehicle use or 
possess any license or badge belonging to another person, or a ficti¬ 
tious license or badge. 

194. Use of motor vehicles and motor bicycles without 
owner’s consent and offer or acceptance of bonus on purchase of 
supplies or parts prohibited.] § 15. No chauffeur or other per¬ 
son shall drive or operate any motor vehicle or motor bicycle upon 
any street, or highway, in this State in the absence of the owner of 
such motor vehicle or motor bicycle without said owners’ consent; 
and no chauffeur or other person having the care of a motor vehicle 
for the owner shall receive or take directly or indirectly any bonus, 
discount or other consideration for the purchase of supplies or parts 
for such motor vehicle or for work-or labor done thereon by others; 
and no person furnishing such supplies or parts, work or labor, shall 
give or offer any such chauffeur or any other person having the 
care of a motor vehicle for the owner thereof, either directly or in¬ 
directly, any bonus, discount or other consideration thereon. Any 
person violating any of the provisions of this section shall be guilty 
of a misdemeanor, and upon conviction shall be fined the sum not 
exceeding two hundred dollars ($200.00) or imprisoned in the 
county jail for a period not exceeding six (6) months, or both, in 
the discretion of the court. 

195. Meeting animals—Giving name and address in case of 
accident.] § 16. Upon approaching a person walking upon or 
along a public highway, or a horse or horses, or other draft or do¬ 
mestic animal or animals being ridden, led or driven thereon, thp 
operator of a motor vehicle or motor bicycle shall give reasonable 
warning of his approach and use every reasonable precaution to 
avoid injuring such person, or frightening or injuring such horse, 
horses, or other draft or domestic animal or animals, and, if neces¬ 
sary, stop his said motor vehicle or motor bicycle until he can safely 
proceed, and in case of any injury to a person or property on the 
public highways, due to the presence or operation of a motor vehicle 




Div. II.] 


MOTOR VEHICLE LAW. 


213 


or motor bicycle, the operator of such vehicle or bicycle shall stop 
and, upon the request of a person injured or any person present, 
give his name and address, and; if not the owner of such motor 
vehicle or motor bicycle, together with his own name, the name 
and address of such owner. 

Whenever a person operating a motor vehicle shall meet on a 
public highway any other person riding or driving a horse or ether 
draft animal, or any other vehicle, the person so operating such 
motor vehicle or vehicles, or riding or driving a horse, or other 
draft animal, shall each seasonably turn to the right of the center 
of the beaten track of such highway so as -to pass without inter¬ 
ference. Any such person so operating a motor vehicle or motor 
bicycle shall, on overtaking any such horse, draft animal or other 
vehicle, pass on the left side thereof, and the rider or driver of such 
horse, draft animal or other vehicle shall, as soon as practicable, 
upon signal turn to the right of the center of the beaten track of such 
highway so as to allow free passage on the left. Any such person 
so operating a motor vehicle shall, at the intersection of public high¬ 
ways, keep to the right of the center of such intersection of such 
highway when turning to the right and pass to the right of the 
center of such intersection when turning to the left. 

196. No effect or right to damages.] § 17. Nothing in this 
Act shall be construed to curtail or abridge the right of any person 
to prosecute a civil action for damages by reason of injuries to per¬ 
son or property resulting from the negligent use of the highways by 
the driver or operator of a motor vehicle or motor bicycle or its 
owner or his employe or agent, and in any action brought to recover 
any damages for injury either to person or property caused by run¬ 
ning any motor vehicle or motor bicycle at a rate of speed greater 
than is reasonable and proper having regard for the traffic and the 
use of the way, or so as to endanger the life or limb or injure the 
property of any person, the plaintiff or plaintiffs shall be deemed to 
have made out a prima facie case by showing the fact of such injury 
and that the person or persons driving such motor vehicle or motor 
bicycle was at the time of such injury running the same at a speed 
greater than was reasonable and proper having a regard for the 
traffic and the use of the way or so as to endanger the life or limb or 
injure the property of any person. 

197. Penalties.] § 18. Any person willfully violating the 

provisions of this Act shall, except as otherwise provided herein, 
upon conviction be fined in a sum not to exceed the amount herein¬ 
after set forth: . 

For a violation of sections two and three and five to nine, in¬ 
clusive, and section thirteen, fourteen and sixteen, or any of them, 




214 


ROADS AND BRIDGES. 


[Div. II. 


twenty-five dollars. For a violation of section four not less than ten 
dollars ($10) nor more than one hundred dollars ($100). For viola¬ 
tion of section ten, two hundred dollars. Any provision not herein 
specifically mentioned, one hundred dollars: Provided, that any 
offender who shall have been found guilty of a violation of any sec¬ 
tion of this Act and fined therefor, and who shall thereafter be con¬ 
victed of a second violation of such section, may be fined in a sum 
not exceeding double the penalty herein provided for a first offense, 
and in addition thereto may have his certificate or license issued by 
the Secretary of State revoked for a period not exceeding three 
months, and for a third or subsequent violation of the same section 
of this Act the certificate or license may, in addition to the fine pro¬ 
vided for the second offense, be revoked for a period not exceeding 
six months. Any person whose license shall have been revoked for 
a violation of any of the provisions of this Act and who shall drive 
or operate a motor vehicle or motor bicycle within the State of Illi¬ 
nois, during the period for which his said license shall have been 
revoked, or any person who, having once been convicted of a failure 
to comply with the provisions of this Act requiring a registration of 
motor vehicles or motor bicycles, or the examination and licensing 
of chauffeurs shall fail or refuse to comply with said provisions, 
shall be deemed guilty of a misdemeanor and on conviction may be 
fined in a sum not to exceed two hundred dollars, or imprisoned in 
the county jail for a period not exceeding thirty (30) days, or both, 
in the discretion of the court. All fines imposed for violation of 
any of the provisions of this Act shall be paid to the treasurer of 
the highway commissioners of the township or road district in which 
the offense is committed by the justice of the peace, clerk of the 
court, or other officers to whom the amount of such fines shall be by 
law required to be paid by the constable, bailiff, sheriff, of other 
officer named in any execution, issued for the collection of the same, 
and all money so received by the treasurer of the highway com¬ 
missioners shall be used in repairing and improving the roads within 
such township or road district: Provided, however, that whenever 
any such violation shall occur within the limits of any city, village 
or incorporated town, or within the jurisdiction of any board of park 
commissioners, wherein no commissioners of highways exist or have 
jurisdiction, in such cases all fines imposed for the violation of any 
of the provisions of this Act shall be paid to the treasurer of such 
city, village or incorporated town or to the park commissioners 
within whose jurisdiction the offense is committed, by the justice 
of the peace, clerk of the court, or other officer to whom the amount 
of such fines shall be by law required to be paid by the constable, 
bailiff, sheriff, or other officer named in any execution issued for 
the collection of the same, and all money so received by the treasurer 




Div. II.] 


MOTOR VEHICLE LAW. 


215 


of such city, village, or incorporated town, or park commissioners, 
shall be used in repairing and improving the roads or streets, within 
such city, village, incorporated town or park. 

198. Disposition of registration fees.] § 19. All moneys 
received by the Secretary of State as registration fees and for the 
examination and licensing of chauffeurs as provided in this Act, 
less the cost of procuring and delivering the registration certificates, 
registration seals and number plates as provided in this Act, shall be 
deposited in the State treasury and set apart as a special fund to 
be known as the “Road Fund,” which shall be used solely for the 
permanent improvement of the highways of the State outside of any 
incorporated city, town or village, and shall be subject to appropria¬ 
tion by the General Assembly for that purpose only. The amount 
appropriated and expended from such road fund in any county for 
the permanent improvement of the highways within its limits, in 
any one year, shall be in the same proportion as the amount levied 
in each county for road and bridge taxes bears to the total amount 
of the road and bridge tax levied in all counties of the State. 

199. Public highways and local authorities defined.] § 20. 
Public highways shall include any highway, county road, State road, 
public street, avenue, alley, parkway, driveway or public place in 
any county, city, village, incorporated town or towns. Local au¬ 
thorities shall include all officers of counties, cities, villages, incor¬ 
porated towns, towns or road districts as well as all boards, com¬ 
mittees and other public officials of such counties, cities, villages, 
incorporated towns, or road districts. 

200. Acts repealed.] § 21. “An Act defining motor vehicles 
and providing for the registration of the same and uniform rules 
regulating the use and speed thereof, and repealing an Act entitled: 
‘An Act to regulate the speed of automobiles and other horseless 
conveyances upon the public streets, roads and highways of the 
State of Illinois,’ approved May 13, 1903, in force July 1, 1903, 
and to repeal all other Acts or parts of Acts inconsistent herewith,” 
filed May 28, 1907, in force July 1, 1907, as amended by Acts ap¬ 
proved June 10th and June 11th, 1909, in force July 1, 1909, is 
hereby repealed and all other Acts and parts of Acts inconsistent 
herewith, or contrary hereto are, so far as they are inconsistent or 
contrary, hereby repealed. 



216 


DRAINAGE. 


[Div. III. 


DIVISION III. 

FARM DRAINAGE. (1) 

AN ACT to provide for drainage for agricultural and sanitary purposes, 

and to repeal certain acts therein named. [Approved June 27, 1885. In 

force July 1, 1885.] 

1. Drainage commissioners. . 

2. Clerk of commissioners—Duties—Drainage record. 

3. Drainage districts treasurer—Bond. 

1. Drainage commissioners.] § 1. Be it enacted by the 

People of the State of Illinois, represented in the General As¬ 
sembly: That the commissioners of highways in each town in 
the several counties under township organization in this State 
shall be the drainage commissioners in and for all drainage dis¬ 
tricts in their respective towns, and shall be known by the cor¬ 
porate name of Drainage Commissioners of District No. - 

of the town of-, county of-, State of Illinois, and by that 

name shall be a body politic, and may sue and be sued, plead and 
be impleaded, contract and be contracted with, and all other 
drainage commissioners provided for in this Act shall be alike 
the corporate authorities of their respective districts. 1 2 
See §§ 15, 15a and pp. 287, 290. 

2. Clerk of commissioners—Duties—Drainage record.] 

§ 2. The town clerk shall be the clerk of the drainage commis¬ 
sioners of his town; he shall be the custodian of all papers and 
records pertaining to drainage matters in his town, and shall 
keep in a well-bound book, to be known as the “Drainage 
Record,” a record of the proceedings of the commissioners, and 
shall enter at length therein all the findings and orders of the 

(1) The Constitution of Illinois, on the subject of drainage, declares as follows: 
The General Assembly may pass laws permitting the owners of lands to construct 
drains, ditches and levees, for agricultural, sanitary and mining purposes, across 
the land of others, and provide for the organization of drainage districts, and vest 
the corporate authorities thereof with power to construct and maintain levees, drains 
and ditches, and to keep in repair all drains, ditches and levees heretofore con¬ 
structed under the laws of this State, by special assessments upon the property 
benefited thereby. Const., Art. IV, § 31, as amended 1878, by vote of the people. 

“A drainage district is a public corporation and the attorney-general, or the 
local state’s attorney, may, where rights of the public are involved, file an informa¬ 
tion in the nature of a quo warranto to test the legality of the organization of the 
district without regard to the time since its organization.” 176 Ill., 310. 

(2) It is not a constitutional objection to the drainage law that it fails to 
provide for the election of the corporate authorities of a district when constructed. 
The constitutional provision relating to drainage districts, does not require that the 
corporate authorities who exercise the power of levying special assessments on lands 
benefited thereby, shall be elected by the people of the district. The special amend¬ 
ment of the Constitution, adopted in 1878, so far as it invades the former limitations 
of the Constitution, must prevail, and such limitations are not applicable to special 
assessments for drainage purposes. Huston et al v. Clark et al, 112 Ill., 344. 






Div. III.] 


RIGHTS OF DRAINAGE. 


217 


commissioners pertaining to the subject of drainage. See §§ 15, 
15a and pp. 287-290. 

3. Drainage districts—Treasurer—Bond.] § 3. In all dis¬ 
tricts, in counties under township organization, the supervisor 
of the town in which the district is situated shall be the treas¬ 
urer of the district. When the district lies in two towns, the super¬ 
visor of one of the towns to be designated by the commissioners, shall 
be the treasurer. In all special drainage districts the county treas¬ 
urer shall be the treasurer of the district. In all cases the treasurer 
shall give bonds to the commissioners, not less than double the 
amount of money likely to come into his hands in any one year, as 
such treasurer: Provided, that this shall not apply to the county 
treasurer when his official bonds are deemed sufficient. 1 

RIGHTS OF DRAINAGE. 

4. How owners may drain—General course—Damages. 

5. Extending drains through land of others—Jurisdiction of justice 

—Summons. 

6. Trial—Verdict—Damages—Judgment final. 

7. When plaintiff deems best not to construct drain—Subsequent 

proceedings. 

8. Commencing suit—Bond—Condition. 

9. Plat to be filed—Failure to comply—Judgment. 

10. Willful injury to drain—Penalty. 

4. How owners may drain—general course—Damages.] 

§ 4. Owners of land may drain the same in the general course 


(1) Form of District Drainage Treasurer’s Bond. 

Know all men by these presents that we, A. B., C. D., and E. F., of the 
county of-, State of Illinois, are held and firmly bound to the drain¬ 
age commissioners of District No. -, in the town of -, county of 

-, and State of Illinois, in the sum of [here insert a sum not less than 


y cl 11VI vJ la ic oi liniiviOj aii uiv ^ v A L ^ ^ 

double the amount of money required to come into the hands of the treasurer 
in any one year] which sum well and truly to be paid, we bind ourselves, 
our heirs, executors and administrators, jointly and severally firmly by 

these presents. Sealed by our seal and dated this - day of , 

A. D. 19—. , . 

The condition of the above obligation is such that whereas the above 

bounden A. B. has become treasurer of Drainage District No. - above 

mentioned, now, therefore, if the said A. B. shall well and truly perform 
all the duties required of him as such treasurer, and shall promptly pay 
over and account for all money that comes to his hands as such, as required 
by law, then this obligation to be void, otherwise to remain in full force 

and effect. * -r. r i 

A- B-, [seal.] 

C.-D-, [seal.] 

D- E-, [seal.] 

The law does not provide as to sureties upon the district treasurer’s bond nor 
as to the conditions of the bond, but the commissioners would themselves no doubt 
Save° ge^eraTauthority in this regard, under which they bond aS 

Will be sufficient. The general custom is to require at least two sureties. 










218 


DRAINAGE. 


[Div. III. 


of natural drainage, by constructing open or covered drains, dis¬ 
charging the same into any natural water course, or into any 
natural depression, whereby the water will be carried into some 
natural water course, or into some drain on the public highway 
with the consent of the commissioners thereto; and when such 
drainage is wholly upon the owner’s land, he shall not be liable 
in damages therefor to any person or persons or corporation. 1 

5. Extending of drains through land of others—Jurisdic¬ 
tion of justice.] § 5. When it is necessary to extend drains 
on or through the land of others, to obtain a proper outlet, and 
the person desiring to drain purposes to construct such exten¬ 
sion at his own expense, by means of an ample and properly 
made tile ditch, and the owners of the land refuse to consent thereto, 
the person or persons desiring to drain may cause a summons 
to issue from any justice of the peace in the county, in the same 
form, and returnable in the same manner, as other summons in 
civil suits, and proceedings shall be had thereon as in other civil 
causes before justices of the peace: Provided, if the owner or 
owners of such land do not reside in said county, or cannot be 
found therein, summons may be served by leaving a copy with 
the person or persons in possession or control of such premises. 2 


(1) Form of Consent of Highway Commissioners to Extend Drain into 
Drain on the Highway. 

We, the commissioners of highways of the town of -, county of 

-, State of Illinois, do hereby consent that A. B., the owner of land in 

the vicinity of the highway hereinafter mentioned, may drain the same 
by constructing an open or covered drain whereby the water may be car¬ 
ried into the drain on the public highway and connecting therewith at or 
near [here describe the place where the drain will connect with the drain 
on the highway with reasonable certainty .] 

Given under the hands of said drainage commissioners this - day 

of -, A. D. 19—. 

Attest. G. H., ] Commissioners 

L. M. f Clerk. O. P., \ of 

R. S., J Highways. 

(2) It is proper that the consent of the owner of land to allow the owner of 
adjoining land to extend a drain on or through his land should be in writing. The 
following may be the form of such consent: 

Form of Consent of Owner to Allow Drain Extended Through His Land. 

Know all men by these presents that I, A. B., for and in consideration 
of the sum of one dollar [or such sum as may be agreed upon], to me in 
hand paid by C. D., do hereby consent that he, the said C. D., may con¬ 
struct a drain through the following lands ^ owned by me, [ here describe 
the land with reasonable certainty,] said drain to commence, [here describe 
the route of the drain if necessary, and place oftermination; describe also 
the kind of drain to be constructed,] said drain to be completed on or 
before the - day of --, A. D. 19—. 

Witness my hand and seal this ~ day of 


-, A. D. 19— 

A- B -, [seal.] 










Div. III.] 


RIGHTS OF DRAINAGE. 


219 


6. Trial—Verdict—Damages—Judgment final.] §6. The 
justice, or jury if a jury is empaneled, shall hear the evidence, 
and if they find such drain, if constructed in the manner pro¬ 
posed, would not empty into a natural water course or natural 
depression, whereby the water would be carried into any natural 
water course or any drain on a public highway, by consent of the 
road commissioners, they shall find for the defendant; if they 
find such drain, if constructed, would empty into a natural water 
course or natural depression, whereby the water would be car¬ 
ried into any natural water course or any drain on a public high¬ 
way, by consent of the road commissioners, they shall find for 


Form of Summons to Extend Drains Through the Land of Others. 

State of Illinois, 1 
- County, f ss> 

The people of the State of Illinois to any constable of said county greeting: 

You are hereby commanded to summon A. B. to appear before me at 
-, on the - day of -, at — o’clock —. M., to answer the com¬ 
plaint of C. D., alleging that the said A. B. refuses to consent to allow the 
said C. D. to extend a drain necessary through the land of him, the said 
A. B. to obtain a proper outlet in accordance with the statute in such case 
made and provided, and hereof make due return as the law directs. 

Given under my hand this - day of -, A. D. 19—. 

John Doe, J. P. 


In this State the same rule is applied to surface water flowing in a regular 
channel as is applied to a water course. The owner of the dominant heritage, or 
higher tract of land, has the right to have the surface water falling or coming 
naturally upon his premises, pass off the same through the natural drains upon and 
over the lower, or servient lands; and the owner of the dominant heritage may, by 
ditches or drains, drain his own land into the natural and usual channel, even if the 
quantity of water thrown upon the servient heritage is thereby increased. Where 
two tracts of land adjoining each other are so situated that the water falling or 
collected by melting snow and the like upon one, naturally descends upon the other, 
it must be suffered by the owner of the lower one to be discharged upon his land, 
if desired by the owner of the upper field. The owner of the upper field in such 
a case has a natural easement, as it is called, to have the water that falls upon his 
own land flow off the same upon the field below, which is charged with a corre¬ 
sponding servitude in the nature of dominant and servient tenements. The owner 
of the upper field cannot construct drains or ditches so as to create new channels 
for water in the lower field, but he may make such drains for agricultural purposes 
on his own land as may be required by good husbandry, although by so doing the 
flow of water may be increased in a regular, well defined channel, which carries the 
water from the upper to the lower field. The owner of land upon which there is 
a pond in which is collected the surface water, only, from rams and melting snow, 
when good husbandry so requires, may drain the same by an artificial drain con¬ 
structed upon his own land, whereby its water is thrown into the same outlet or 

natural drain it was accustomed to take before, when the pond was full, notwith¬ 

standing the flow of water over a servient tract of land may thereby be increased. 
Peck et al v. Herrington, 109 Ill., 611. 

Concerning summons in civil suits the statute on this subject provides that the 
justice shall specify therein a certain place, day and hour for the trial, not less than 
five nor more than fifteen days from the date of such summons and that every 
summons shall be served at least three days before the day of trial mentioned 
therein, by reading the same to the defendant. See Haines Treatise, new ed., p. 3,3. 

On the subject of proceeding under the above section of the drainage laws, which 

?, n ih* cnme shall be had as in other civil cases before justices of the 

provides that the sa shall un der the head of “Commencement of Suits 

and ce thfle”fce lnd Return Sf Process," "Appearance of the Parties." "Trials and 

Incidents Thereto.” , . , 

Subpoenas for the attendance of witnesses may issue as In other cases before 

justices of the peace. 










220 


DRAINAGE. 


[Div. III. 


the plaintiff or plaintiffs, and shall allow the defendant or de¬ 
fendants such actual damages only as will be sustained by en¬ 
tering upon the land and constructing such drain. The judg¬ 
ment shall be final and conclusive between the parties until after 
the expiration of two years from the finding in the former case. 1 

7. When plaintiff deems it best not to construct drain— 
Subsequent proceedings.] § 7. If, after judgment, the plaintiff 


(1) The law does not require that the person designated as plaintiff, or person 
desiring to extend a drain through the land of another shall file any written com¬ 
plaint with the justice setting forth his case. It contemplates, however, under § 6, 
that the claim of the plaintiff or party moving will be made to appear by the 
evidence which he offers before the justice so that a formal statement thereof may 
in general be dispensed with in the first instance. 

Form of Docket Entry in Case of Constructing Drain over Land of Another. 
S tate of Utinois,^ sg j n j ust j ce » s Court. Before E. F., Justice. 

A- B-,1 

vs. 1 Proceeding under Drainage Law to Extend drain. 

C- D- 

A. D. 19—, Aug. ist. —Summons issued, returnable August 6 th, 
A. D. 19—, at one o’clock P. M. and delivered to L. M., constable. 
Plaintiff having first filed satisfactory bond in the sum of $50, for costs 
and damages and plat of land to be drained. 

Aug. 6 th. —Summons returned by L. M., constable, personally served 
by reading the same to the defendant Aug. 5 th, A. D. 19 — . 

Aug. 6 th. —Parties appear. 

The plaintiff being the owner of land in drainage district No. -, 

town of-, county of -, and desiring to extend the drain from 

his land through the land of the plaintiff to obtain a proper outlet 
at his own expense, complains that the defendant refuses to consent 
thereto. 

The following persons were empanelled and sworn as jurors, viz: [here 
set forth the names of the jurors .] 

Upon hearing the evidence the jury find such drain, if constructed in 
the manner proposed, would not empty into natural water course [or 
natural depression whereby the water would be carried into any natural 
water course or any drain on the public highway by consent of the road 
c a ’ssipners,] they therefore find for the defendant, [or the jury find 
such drain, if constructed, would empty into a natural water course or nat¬ 
ural depression whereby the water would be carried into any natural 
water course or any drain on the public highway, by consent of the road 
commissioners, and therefore find for the plaintiff and allow the defendant 

- dollars actual damages as will be sustained by entering upon his said 

land and constructing such drain. It is therefore considered by the court 

that the defendant have and recover of the plaintiff the sum of -dollars 

damages allowed to him as aforesaid with costs of suit.] 

On the subject of Docket Entries, see Haines’ Treatise, new ed., p. 689. 

The words “find for the plaintiff” or “find for the defendant,” in $ 6, it seems 
are not to be understood in the sense in which these terms are generally used in 
judicial proceedings. These terms in this case refer merely to the finding as to the 
right of the plaintiff, or party moving to extend his drain over the land of the 
defendant or opposite party, so that a finding in favor of the plaintiff gives to the 
defendant or opposite party a judgment for the amount of damages found to his 
land. 










Div. III.] 


RIGHTS OF DRAINAGE. 


221 


or plaintiffs in such suit shall deem it best not to construct such 
drain, they may so state upon the docket of the justice, at the 
foot of such judgment, and pay all costs of such trial, but shall 
not again be permited to commence a suit for the same purpose, 
until after the expiration of one year from the rendition of the 
judgment; if they desire to construct such drain, they shall 
first pay to the justice the judgment and costs taxed against 
them, and may thereupon enter upon such premises and con¬ 
struct such drain, and may thereafter at all times, in proper sea¬ 
son, enter upon said land for the purpose of repairing such 
drain; and it shall be his or their duty to keep it in good repair, 
and this right and duty shall pass to the heirs or assigns of the 
lands for the benefit of which the drain is constructed: Provided, 
that if the person or persons constructing such drain, or repair¬ 
ing the same, shall unnecessarily cause any damage to the owner 
or owners of such land, they shall forfeit and pay to such owner 
or owners three times the amount of such damage, to be re¬ 
covered in any form of action. 

8. Commencing suit—Bond—Condition—Witnesses.] § 8. 

Before any person or persons shall be permitted to commence 
an action as provided for herein, they shall file a bond in a sum 
not less than fifty dollars, with security to be approved by the 
justice, conditioned that they will pay all costs legally accruing 
in said cause, and all damages, if damages are awarded therein, 
within sixty days after the rendition of judgment, or pay all 
costs and abandon the construction of such drain in the manner 
provided by this Act, within the same time. If the defendant or 
defendants procure the attendance of any witnesses not neces¬ 
sary to a proper defense, all the costs of such witnesses and of 
subpoenaing the same shall be taxed to the defendant or de¬ 
fendants. 1 


(1) Form of Bond for Costs in Suit before Justice. 

Know all men by these presents that we, A. B., C. D. and E. F., of the 

county of -, and State of Illinois, are held and firmly bound unto [here 

insert the names of the defendant in suit to be commenced,] their heirs, 

executors, administrators and assigns for the sum of - dollars, which 

sum well and truly to be paid, we bind ourselves, our heirs, executors and 
administrators, jointly, severally, and firmly, by these presents. Sealed with 
our seals and dated this - day of , A. D. 19 . 

The condition of the above obligation is such that whereas the above 
bounden A B. is about to cause a summons to be issued by G. H., a justice 
of the peace of the county of -, and State of Illinois, against [here 







222 


DRAINAGE. 


[Div. III. 


9. Plat to be filed—Failure to comply—Judgment.] §9. 

Prior to issuing the summons in commencing any suit under 
this Act, the plaintiff or plaintiffs shall file with the justice a 
sketch, or plat, of the land to be drained, and that of all other 
persons across or upon which such drain is to be constructed, 
showing the starting point of such drain and its proposed course, 
across or upon the land of others, and the point of its discharge; 
and such plat shall be kept by the justice with the other papers 
in said cause. A failure to comply with the provisions of this 
section shall be sufficient cause for the dismissal of the suit at 
any time before the trial is entered upon. If the judgment is 
for the plaintiff the justice shall file the papers and map with 
the town clerk, to be recorded on the drainage record. 

10. Willful injury to drain—Penalty.] § 10. If any person 
or persons shall willfully fill up, injure or destroy any drain con¬ 
structed as herein required, or willfully prevent or delay the 
construction of any drain in the manner provided by this Act, 
such person or persons shall be deemed guilty of a misde¬ 
meanor, and, upon conviction thereof, for the first offense, shall 
be fined in the sum of not less than twenty-five dollars; nor more 
than one hundred dollars; and for the second offense shall be 
fined in the sum of not less than fifty dollars, nor more than two 
hundred dollars; and for each subsequent offense shall be fined 
not more than two hundred dollars and confined in the county 
jail for not less than thirty days nor more than one year. 


insert the names of the defendants ] that proceedings may be had to deter¬ 
mine the right of the above bounden A. B. to extend a drain through the 
land of the said [here insert the names of the defendants ] under the statute 
concerning drainage in such case made and provided. Now if the said 
A. B. shall pay all costs legally accruing in said cause and all damages, 
if damages are awarded therein, within sixty days after the rendition of 
judgment or pay all costs and abandon the construction of such drain in 
the manner provided by the act for drainage for agricultural and sanitary 
purposes within the same time, then this obligation to be void, otherwise 
to remain in full force and effect. 

A. B., [seal.] 

C. D., [seal.] 

E. F., [seal.] 





Div.III.l 


COMBINED DRAINAGE. 


223 


COMBINED DRAINAGE. 

11. Cost proportionate—Petition—Proceedings. 

12. Town clerk file petition—Notice. 

13. Meeting of drainage commissioners—Evidence—Finding. 

14. Commissioners view premises—Make survey and estimates. 

15. Organization of drainage district. 

16. Effect of organization of drainage district—Election—Officers. 

17. Emergency. 

18. Treasurer—Appointment and duties of. 

19. Commissioners fix boundaries—Employ engineer. 

20. System of drainage—Tile drains—Engineer. 

21. Procure right of way—Releases—Damages. 

22. Jury to assess damages—Venire—Notice to owners. 

23. Trial—Challenges—Verdict—Transcript to be filed. 

11. Cost proportionate — Petition — Proceedings.] §11. 

When the case involves a system of combined drainage in one 
town, and it is proposed that the cost shall be borne propor¬ 
tionately by the several parties benefited, a petition addressed 
to the drainage commissioners shall be presented to the town 
clerk, signed by a majority in number of the adult owners of land 
lying in a proposed district, and they shall be the owners in the ag¬ 
gregate of more than one-third of the lands lying in the pro¬ 
posed district, or by the owners of the major part of the land 
and who constitute one-third or more of the owners of the land 
in the proposed district, setting forth the boundaries, or a de¬ 
scription of the several tracts of land thereof or fractions as 
usually designated: Provided, that where two land owners only 
are concerned, the petition may be signed by one, or by both 
of these, and the amount of land owned by the parties shall not 
be a condition. Said petition shall state that the lands lying 
within the boundaries of said proposed district require a com¬ 
bined system of drainage or protection from wash or overflow; 
that the petitioners desire that a drainage district may be or¬ 
ganized, embracing the lands therein mentioned, for the pur¬ 
pose of constructing, repairing or maintaining a drain or drains, 
ditch or ditches, embankment or embankments, grade or grades, 
or all or either, within said district, for agricultural and sanitary 
purposes, by special assessments upon the property benefited 
thereby. The names of the owners of the several tracts of land 
together with their postoffice address shall be given so far as 
known. 1 


(1) Form of Petition to Commissioners for Drainage District. 

To the Drainage Commissioners of District No. —, of the town of -, 

county of -, State of Illinois: 

The petition of the undersigned petitioners respectfully represents that 






224 


DRAINAGE. 


[Div. Ill, 


12. Town clerk file petition—Notice.] § 12. It shall be 
the duty of the town clerk to file said petition in his office, and 
he shall, within five days after the filing of said petition, give 
notice in writing to each of the commissioners of highways of 
such town, of the filing of such petition, and shall give notice, 
if there be two parties only interested in the drainage, to each of 
the two parties concerned, or if the petition is signed by two or 
more and more than two parties are involved, then the notice 
shall be given by posting written or printed notices, in at least 
three public places in or near the proposed drainage district, 
that a meeting of the drainage commissioners will be held at 
such place and time as the commissioners may decide upon, not 


they desire that a drainage district may be organized, embracing the lands 
within the following boundaries, [or described as follows] to-wit: [here 
describe the lands by boundaries, or other description as the law prescribes] 
for the purpose of constructing, repairing and maintaining drains, embank¬ 
ments and grades, [or as the case may be] within said district for agricul¬ 
tural and sanitary purposes, by special assessments upon the property 
benefited thereby. That the lands lying within the boundaries of said pro¬ 
posed district require a combined system of drainage and protection from 
wash or overflow. That this petition is signed by a majority in number 
of the adult owners of land lying in said proposed district, and that they 
are the owners in the aggregate of more than one-third of the lands lying 
in the proposed district [or by the owners of the major part of the lands, 
and who constitute one-third, or more than one-third, as the case may be, 
of the owners of the land in said proposed district]. That hereunto annexed 
is a schedule forming a part of this petition, showing the names of the 
owners of the several tracts of land comprised in said proposed drainage 
district, together with their post office address, so far as known, with a 
description of the tracts of land owned by each. 

Said petitioners therefore pray that you, the said drainage commission¬ 
ers, will proceed and cause a drainage district to be organized as desired by 
said petitioners and expressed in this petition. 

Dated this - day of-, A. D. 19—. 

Form of Schedule of Oivners of Land to be Attached to Petition for 

Drainage District. 


The following is a correct statement of the names of owners of the sev¬ 
eral tracts of land, together with their post office address and description 
of said tracts mentioned in the petition to which the same is annexed. 


NAME OF 

OWNERS. 

DESCRIPTION OF LAND. 

NUMBER OF 

ACRES. 

P. 0. ADDRESS. 

John Jenkins 

N. E. y A of N. E. y A Sec. 1 

40 

Smithtown. 

James Jenkins 

S. E. ]/ A of N. E. y A Sec. 1 

40 

Jonestown. 


In giving the names of owners of the several tracts of land in the petition, the 
law would seem to contemplate that a description of the tracts owned by each should 
also be set forth so that a complete case may be made and presented to the com¬ 
missioners. 

Any general description of the tracts of land in the schedule for purposes of the 
petition sufficient to point out the same, will suffice. 















Div. III.] 


COMBINED DRAINAGE. 


226 


less than eight days nor more than fifteen days from the date of 
said notice, for the purpose of organizing said drainage district. 
He shall also file a copy of said notice in his office. 1 

13. Meeting of drainage commissioners—Evidence—Find- 
ing.] § 13. It shall be the duty of the drainage commissioners 
to meet at the time and place mentioned in said public notice, 
and the clerk shall lay before them the said petition and all 
other papers in the case, and they shall thereupon proceed to 
ascertain whether the said petition contains the signatures of a 
majority of the adult persons owning land in said district, and 
if they are the owners of more than one-third of the land situate 
in said district, or by the owners of the major part of the land 
who constitute one-third or more of the owners of the land; and 
the affidavits of two or more credible signers of said petition 
that they have examined the same, are acquainted with the lo¬ 
cality of the district, and that they believe that said petition is 
signed by a majority of the adult owners of land in said dis¬ 
trict, and that said signers are the owners of more than one- 
third of the lands in said district, or by the owners of the major 
part of the land, and who constitute one-third or more, of the 


(1) Form of Notice to Commissioners of Filing Petition for Drainage 

District. 

To A. B., one of the Commissioners of Highways of the town of -, 

county of -, and State of Illinois: 

You are hereby notified that on the - day of -, A. D. 19—, a 

petition addressed to the Drainage Commissioners of District No. —, of the 

town of -, county of -, State of Illinois, was presented and duly 

filed in the office of the town clerk of said town of -, praying for the 

organization of a drainage district to be comprised of the lands bounded [or 
described] as follows, [here describe the lands or boundaries thereof as set 
forth in the petition]. 

Given under my hand this - day of-, A. D. 19—. 

G. H., Town Clerk. 

A copy of the foregoing notice should be given by the town clerk to each of 
the commissioners. The town clerk should also file in his office a copy of each of 
ali such notices as he may give under the above section. 

Form of Public Notice of Filing Petition for Drainage District. 


DRAINAGE NOTICE. 

Notice is hereby given that a meeting of the Drainage Commissioners 

of District No. —, of the town of -, county of -, and State of 

Illinois, will be held at - at the hour of — o’clock on the --day ot 

_A D 19—, as decided upon by said commissioners, for the purpose 

of organizing a drainage district comprised of lands bounded [or described] 
as follows, [here describe the lands as set forth in the petition] according o 
a petition therefor presented and duly filed in the office of the town clerk 
of the town of - aforesaid, on the-- day of - , A. D. 19 . 

Given under my hand this day of , A.^D. ^ ^ 

















226 


DRAINAGE. 


[Div. III. 


owners of land in the proposed district may be taken as prima 
facie evidence of the facts set forth in said petition as against 
the owners of lands in said district, and as conclusive evidence 
against all persons signing said petition, that they have accepted 
the necessity for the organization of such district hereunder. At 
such meeting, any other owners of land within said district shall 
be permitted to place their names on said petition, if they so 
desire. Any person owning land in said district, whose name 
does not appear on said petition, may, at said time and place, 
appeal and controvert any material statement in said petition; 
and for the purposes of such hearing, the said officers shall have 
full power to administer oaths to and examine all witnesses 
produced, and shall decide all such controverted questions at 
such time and place, and make a written statement of their 
finding, to be filed with the papers in the case. If they find 
that the petition has not been signed as herein required, they 
shall dismiss the case. For cause shown they may adjourn, but 
not for more than three days at any one time. 1 


(1) Form of Affidavit of Two Petitioners. 

State of Illinois, I 
- County, 5 SS- 

A. B. and C. D. each being duly sworn, do each depose and say that they 

are signers to a petition on file in the office of the town clerk of the town 

of --, county of -, and State of Illinois, praying for the organiza¬ 

tion of a drainage district comprised of the lands bounded [or described] 
as follows, [here set forth the lands as in the petition ] that they have each 
examined said petition and are acquainted with the locality of the district 

proposed, and that they believe that said petition is signed by a majority 

of the adult owners of land in said district, and that said signers are the 
owners of more than one-third of the land in said district, [or by the own¬ 
ers of the major part of the land and who constitute one-third of the owners 
of land in the proposed district, or as the case may be]. 

A. B. 

C. D. 

Subscribed and sworn to before me this-] 

day of -, A. D. 19—. \ 

E. F., J. P.J 

Form of Oaths to Witnesses to be Administered by Drainage Commissioners. 

You do solemnlv swear that the evidence you shall give in the proceed¬ 
ing now in hearing for the organization of a drainage district on the petition 
of L. M., and others, shall be the truth, the whole truth, and nothing but 
the truth, so help you God. 

In administering oaths to witnesses it is considered proper to mention therein the 
case or proceeding in which the witness is to give evidence. In drainage proceedings 
under the above section, it will be a sufficient description of the proceedings to refer 
to the petition in the case, by mentioning the name of the first signer on the same, 
adding thereto the words “and others,” as in the foregoing form. This will be a 
sufficient description as to the proceedings in the form of oath to be administered 
to a witness so as to call his attention to the matter in which he is called upon 
to testify. 










Div. III.] 


COMBINED DRAINAGE. 


227 


14. Commissioners view premises—Make survey and esti¬ 
mates.] § 14. If the commissioners shall find in favor of the 
petitioners, as set forth in the last preceding section, they shall 
then adjourn their meeting to a time not less than eight days 
nor more than fifteen days, and publicly announce the same. 
The commissioners shall, in the meantime, go upon the lands 
included in the proposed district and personally examine the 
same; and they shall have power to employ a competent civil 
engineer, if in their opinion the services of an engineer be neces- 
sary, who shall thereupon proceed to make such survey and 
estimates, as the said commissioners may direct, and shall make 
and return to the said commissioners a map or plat of his sur¬ 
vey, and a full report of all estimates so required of him. 

15. Organization of drainage district.] § 15. At the time 
appointed for the adjourned meeting, the commissioners shall 
meet and examine the map and report of the engineer, if any 
engineer shall have been employed, and said commissioners shall 


Form of Statement of Finding by Commissioners. 

Whereas on the - day of --, A. D. 19—, a petition addressed to 

the Drainage Commissioners of District No. —, of the town of -, 

county of -, State of Illinois, was presented and filed in the office of 

praying that a drainage district be 


the town clerk of said town of 
organized embracing the lands within the following boundaries [or described 
as follows] to-wit: [ here describe the lands as in the petition ]. The peti¬ 
tioners in said petition representing that they desire that a drainage district 
may be organized, embracing the lands aforesaid, for the purpose of con¬ 
structing, repairing and maintaining drains, embankments and grades, [or as 
the case may be,] within said district, for agricultural and sanitary pur¬ 
poses, by special assessments upon the property benefited thereby. That 
the lands lying within the boundaries ‘of said proposed district require a 
combined system of drainage and protection from wash or overflow. And 
further, representing that the said petition is signed by a majority in num¬ 
ber of the adult owners of the land lying in said proposed district, and 
that they are the owners in the aggregate of more than one-third of the 
lands lying in the proposed district [or by the owners of the major part of 
the lands, and who constitute one third or more than one-third, as the case 
may be, of the owners of the land in said proposed district.] 

And said commissioners having decided to hold a meeting to consider 

said petition on the-day of-, A. D. 19—, at--, and due notice 

having been given of the filing of said petition, and of the time and place of 
the meeting of said commissioners, according to the statute in such case 
made and provided. And said commissioners having met at the time and 
place aforesaid, and having examined and considered said petition and all 
other papers in the case, and having examined all witnesses produced, do 
find in favor of [or against] the said petitioners. 

In witness whereof said Drainage Commissioners have hereunto set 
their hands this - day of -, A. D. 19—. 

Attest: A. B., ] 


G. H„ Clerk. 


C. D., I 

E„ F.,J 


Drainage 

Commissioners. 











228 


DRAINAGE. 


[Div. III. 


have power to change the boundaries of such proposed district 
from the boundaries given in petition, so as to take in land not 
embraced, or exclude lands taken into said proposed district, 
and shall permit additional signatures to be made to the petition 
by any adult person or persons owning land in, or owning land 
desired to be taken into such proposed district, to the end that a 
majority of the adult owners of land in the district as finally 
to be organized, and who shall be the owners in the aggregate 
of more than one-third (%) of such land, or by the owners of 
the major part of the land, and who constitute one-third or more 
of the owners of land in the proposed district, shall have signed 
the petition, which facts said commissioners shall find and put 
such finding in writing, and the same shall be filed and the clerk 
shall enter the same in his record, which finding shall be con¬ 
clusive. And said commissioners may adjourn the meeting pro¬ 
vided for in this section, not less than five (5) days at a time, and 
not more than fifteen (15) days in all, for the purpose of making 
the necessary examinations and findings, and shall publicly an¬ 
nounce the time and place they so adjourned; and if, from their 
own examination, and said map and report if any there be, it 
shall appear that the lands included in the proposed district will 
be benefited for agricultural and sanitary purposes by the con¬ 
struction of a drain, or a combined system of drainage, they 
shall so find, unless they shall find from the evidence of witnesses 
then introduced, that the cost of the proposed work will exceed 
the benefits to be derived therefrom. And should they find in 
favor of the petitioners, or shold a two-thirds (%) majority of 
the owners of lands owning more than one-half ( y 2 ) of the lands 
lying in said proposed district still desire the formation of said 
district, and such desire shall be evinced by a failure to with¬ 
draw their signatures from the petition, the commissioners shall 


There would seem to be some conflict or at least want of harmony in the pro¬ 
visions of § 13 and § 15 of this Act. § 13 provides for a full and complete hearing 
and examination into the questions presented by the petition praying for the organ¬ 
ization of a drainage district, and a statement of the finding by the commissioners, 
which statement it is provided shall be filed with the papers in the case, whereupon 
an adjourned meeting of the commissioners is provided by § 14. § 15 then provides 
for another hearing upon the petition at said adjourned meeting, involving, it would 
seem, a rehearing of the whole subject considered at the first meeting under § 13. 
§ 15, however, would seem to contemplate that at the adjourned meeting of the 
commissioners there may be changes made in the boundaries of the proposed district, 
whereby lands described in the petition may be excluded, or other lands added to 
the district, and there may be added more signers to the petition; in which case a 
formal re-examination of the subject of the petition might be proper, and this second 
finding of the commissioners would seem to be for the purpose of covering or meeting 
the contingencies aforesaid; under other circumstances such second finding would 
be merely cumulative, and could add little or nothing to the finding of the com¬ 
missioners in the first instance under § 13. 

The law provides that the clerk of the drainage commissioners shall keep in a 
well-bound book, to be known as the “Drainage Record,” a record of the proceedings 
of the commissioners and shall enter at length therein all findings and orders of 
the commissioners pertaining to the subject of drainage. See ante, § 2, p. 276 

The following may be the form of the clerk’s record of proceedings of the com* 






Div. III.] 


COMBINED DRAINAGE. 


229 


enter on their record an order in writing, organizing said drain¬ 
age district, and such district shall thereupon be declared fully 
organized. Each district shall be designated by a number, as 

Drainage district No. —' in-township, - county, and 

State of Illinois. And when the commissioners shall have or¬ 
ganized said district, they shall cause a map thereof, showing the 
boundaries thereof, to be made, and the same shall be filed with 
the other papers in the case. The signing of any petition referred 
to in this Act shall be taken as conclusive against the person so 
signing that they have accepted the provisions of this Act as to 
their assessments of benefits and damages thereunder . * 1 


missioners at their first meeting on petition for a drainage district, which can be 
varied according to the facts to suit the circumstance of each case. 


Form of Record of Proceedings of Commissioners at First Meeting on 

Petition for Drainage District. 

State of Illinois,] r, i r tv • • • 

_ Countv l Board 01 Drainage Commissioners, 

Town of -- j District No - -• 

A meeting of the Drainage Commissioners of District No. —, of the 

town of - was held at -on the-day of-, A. D. 19—, to 

consider the petition of L. M., and others, filed in the Drainage Commission¬ 
ers clerk’s office, on the - day of -, A. D. 19—, praying for the 

organization of a drainage district to embrace the lands bounded [or 
described] as follows: [here set forth the lands as in the petition ]. Upon a 
full hearing on such petition, the commissioners find in favor of the petition¬ 
ers, [or as the case may he], and thereupon make a written statement of their 
finding in the words and figures following to-wit: [here insert the statement 
of the finding of the commissioners as tiled with the clerk]. And thereupon 

the meeting of the commissioners was adjourned to the - day of -, 

A. D. 19—, at — o’clock —. M., at -, and the commissioners did then 

and there publicly announce the same. 

(1) Form of finding of Commissioners on Petition for Drainage. 

Whereas, on the- day of-, A. D. 19—, a petition addressed to 

the drainage commissioners of district No. —, of the town of -, county 

of -, state of Illinois, was presented and filed in the office of the town 

clerk, of the town of -, praying that a drainage district be organized 

embracing the lands within the following boundaries [or described as fol¬ 
lows,] to-wit: [here describe the lands as in the petition.] The petitioners 
in said petition representing that they desire that a drainage district may be 
organized embracing the lands aforesaid, for the purpose of constructing, 
repairing and maintaining drains, embankments and grades, [or as the case 
may he] within said district for agricultural and sanitary purposes .by special 
assessments upon the property benefited thereby. That the lands lying within 
the boundary of said proposed district require a combined system, of drainage 
and protection from wash or overflow. And further representing that the 
said petition is signed by a majority in number of the adult owners of the 
land lying in said proposed district, and that they are the owners in the 


















230 


DRAINAGE. 


[Div. III. 


16. Effect of organization of drainage district—Election— 
officers.] § 15a. Upon the organization of any drainage district 
as provided in section 15 of this Act, the duties and obligations 
of the commissioners of highways, as said drainage commis¬ 
sioners of such district shall cease as soon as drainage commis¬ 
sioners shall have been elected and qualified, as herein pro¬ 
vided. It shall be the duty of the town clerk to call an election 
in each district in his township, including the new districts or¬ 
ganized during the previous year, by giving ten (10) days’ no¬ 
tice that an election will be held (specifying time and place), 
said notices shall be posted in three (3) conspicuous places in 
said district. Elections shall be held in the several drainage dis¬ 
tricts organized under this Act on the second Saturday in March 
of each year, between the hours of 2 and 6 o’clock P. M. 

At the first election in each district there shall be elected 
three (3) commissioners, one for one year, one for two years, and 
one for three years, and annually thereafter, one drainage com¬ 
missioner shall be elected who shall hold his office three years, 
and until his succssor is elected and qualified. Every adult 
owner of land in the district, whether residing within or with¬ 
out the district, shall be a voter, and if a resident of the county 
in which the district or any part thereof lies, eligible to the 
office of drainage commissioner. Said elections shall be con- 


aggregate of more than one-third of the lands lying in the proposed district. 

And said commissioners having decided to hold a meeting to consider 

said petition on the-day of -, A. D. 19 —, at-, and due notice 

having been given of the filing of said petition and of the time and place 
of the meeting of said commissioners according to the statute in such case 
made and provided. And said commissioners having met at the time and 
place aforesaid and having examined and considered said petition and all 
other paoers in the case, and having examined all witnesses produced, did 
find in favor of the said petitioners. 

And thereupon said commissioners having adjourned their said meeting 
to the - day of -, A. D. 19 —, at — o’clock at - having pub¬ 

licly announced the same did meet at the time and place last aforesaid to 
further consider the premises, having in the mean time gone upon the lands 
included in the proposed district and personally examined the same, and 
having made such changes in the boundaries of such proposed district and 
permitted such additional signatures to the petition by adult owners of land 
as desired, said commissioners do find that said petitioners who have signed 
the petition as the same is now changed by additional signatures thereto, 
comprises a majority of the adult persons owning land in said proposed 
district [or as the case may be,] which proposed district according to changes 
aforesaid embraces the lands bounded [or described] as follows, to-wit: 
[here describe the lands in conformity with the changes made.] 

In witness whereof said drainage commissioners have hereunto set their 

hands this - day of -, A. D. 19—. 

Attest: A. B., Clerk. [Signed by drainage commissioners .] 










Div. III.] 


COMBINED DRAINAGE. 


231 


ducted after the manner provided by law governing school elec¬ 
tions. Commissioners of highways shall act as judges and clerk 
of the first election held in any district; thereafter the drainage 
commissioners shall act as judges and clerk of elections, in their 
respective districts. If said commissioners be not present, it shall 
be competent for the electors present to select judges and clerk 
of said election. Returns of said election shall be made to the 
town clerk, who shall record the same in a book kept for that pur¬ 
pose. Said commissioners shall take the oath of office before 
some officer authorized to administer oaths. Said commission¬ 
ers shall be known by the corporate name of Drainage Commis¬ 
sioners of -, District No. -, of the town of -, county 

of -, State of Illinois, and by that name shall be a body 

politic and corporate, and may sue and be sued, plead and be 
impleaded, contract and be contracted with, and shall be the 
corporate authority of their respective districts. Before enter¬ 
ing upon their duties as herein provided, the drainage commis¬ 
sioners shall take and subscribe an oath substantially as fol¬ 
lows,, viz.: 

We, ., drainage commissioners of drainage 

district No. -, do solemnly swear (or affirm) that we will 

faithfully and impartially perform the duties required of us to the 
best of our understanding and judgment and make assessment of 
damages and benefits (or benefits as the case may be), in favor 
of or against the land in said district, according to law. 

When a vacancy occurs amongst the drainage commission¬ 
ers, elected under this Act, it shall be the duty of the surviving 
commissioner or commissioners to call an election to fill the 
vacancy. The commissioners shall give not less than ten (10) 
days’ notice of the time when and place where the election will 
be held, and the ballot shall state that the commissioner or com¬ 
missioners are being elected to fill a vacancy. [As amended by Act 
approved and in force February 27, 1907. Laws 1907, p. 273. See 
pp. 354, 355, §§ 1, 2. 

17. Emergency. § 2. Whereas there are now vacancies among 
the commissioners in drainage districts in the State incorporated 

“The petition provided for in the drainage Act of 1901 is required to be pre¬ 
sented to the township clerk and filed in his office, and it is not sufficient to leave 
the same in the office of petitioner’s attorney until the time the order organizing 
the district is entered.” 200 Ill., 33-4. 

“§ 15a of the farm drainage Act as amended in 1895, providing that elections 
shall be held on the second Saturday in March of each year, between the hours of 
2 and 6 o’clock p. m., applies to drainage districts lying in two townships as well 
as lying in one township.” 196 Ill., 310. ..... , 

In making changes by adding signatures to the petition and including additional 
tracts of land, the names should be added to the petition following those of the 
original petitioners, and the additional lands to be embraced in the district should 
be added to the schedule annexed to the petition. Whatever is done in this regard, 
the doings of the commissionerr relating to the same should be shown either by the 
papers on file, or the record of proceedings kept by the town clerk. 

(1) See Patton v. People, 329 Ill., 512; People v. Morrell, 234 Ill., 47. 










232 


DRAINAGE. 


[Div. III. 


under this Act, and there is no provision in the Act for the filling 
of such vacancies, therefore an emergency exists, and this Act 
shall be in force from and after its passage. [Added by Act ap¬ 
proved and in force February 27, 1907. Laws 1907, p. 273. 

18. Treasurer—Appointment and duties of.] § 15b. The 
said Drainage Commissioners shall appoint a treasurer, who shall 
receive all funds of the Drainage District, paying the same out 
only on a written order signed by the chairman and countersigned 
by the clerk of the said Board of Drainage [Commissioners]. 
Said Commissioners shall fix the compensation of the said treas¬ 
urer, which shall not exceed two (2) per centum of the amount 
paid out. The treasurer of said Drainage District before re¬ 
ceiving any of said fund shall execute a good and sufficient 
bond, in double the amount that shall probably come into his 
hands as such treasurer, with two or more sureties, to be filed 
with the town clerk for the benefit of the drainage district. 
[Added by Act approved June 21, 1895. In force July 1, 1895. 
Laws 1895, p. 167. 


Record of Proceedings of Commissioners at First Adjourned Meeting. 

Board of Drainage Commissoners, Dstrct No. -. 

Township of-, County of-, Illinois. 

A meeting of the drainage commissioners of the district aforesaid was 
held at -, on the - day of -, A. D. 19—, pursuant to adjourn¬ 
ment of meeting held on the - day of -, A. D. 19—, for the purpose 

of further considering the matter of the organization of a drainage district 
on petition of L. M. and others. The commissioners having in the mean 
time gone upon the lands included in the proposed district and personally 
examined the same, and having caused a survey and estimates to be made, 
a map and report of which is returned, did proceed and examine said map 
and estimates and made the following changes in the boundaries of said 
proposed district [here set forth such changes as are made, if any, and the 
proceedings had by the commissioners in this regard .] 

And. thereupon said commissioners further considering the matter of 
said petition did find as follows, the same being put in writing, and duly 
filed, to-wit: [here enter the finding of the commissioners filed.] 

And thereupon said commissioners adjourned the said meeting to the 

- day of -, A. D. 19—, at — o’clock, at -, for the purpose of 

making the necessary examinations and findings, did publicly announce the 
time and place to which they so adjourned. 

Finding by Commissioners at Second Adjourned Meeting. 

Board of Drainage Commissioners District No.-. 

Township of -, County of -, Illinois. 

Whereas, on the - day of -, A. D. 19—, a petition addressed to 

the drainage commissioners of district No. -, of the town of -. 

county of -, State of Illinois, was presented and filed in the office of 

the town clerk of the town of -, praying that a drainage district be 

organized embracing the lands within the following boundaries [describe the 
lands as in the petition.] The petitioners representing that they desire —-- 


















Div. III.] 


COMBINED DRAINAGE. 


233 


19. Commissioners fix boundaries—Employ engineer.] 
§ 16. In case the drainage prayed for embraces the lands of 
two parties only, the commissioners shall hold their first meeting 
on or near the lands in question, and they shall proceed to view 
the same, hearing the proofs and allegations of the parties on 
the merits of the case. If an adjournment be necessary to em¬ 
ploy an engineer, or for other good cause, the adjournments 
shall not, in all, exceed ten days. If the commissioners shall 
decide in favor of drainage, they shall fix the boundaries of the 
drainage district to embrace such divisions or subdivisions of 
land of each party as will be benefited by the proposed drainage. 

20. System of drainage—Tile drains—Engineer.] § 17. 
Upon the organization of a drainage district, the commissioners 
shall go upon the land and determine upon a system of drainage, 
which shall provide main outlets of ample capacity for the waters 
of the district, having in view the future contingencies, as well as 


[repeat the language of first or original finding from this point to and includ¬ 
ing the description of the lands in conformity with the changes made.] 

And said commissioners having adjourned their meeting last aforesaid to 

the-day of -, A. D. 19 —, at — o’clock, at -, for the purpose 

of making the necessary examinations and findings, having publicly an¬ 
nounced the time and place thereof, and having met pursuant to adjourn¬ 
ment last aforesaid, do find from their own examination that the lands 
included in the proposed district will be benefited for agricultural and sani¬ 
tary purposes by the construction of a drain [or combined system of drain¬ 
age, as the case may be.] 

In witness whereof said drainage commissioners have hereunto set their 
hands this - day of-, A. D. 19—. 

Attest: G. H., Clerk. [Signed by drainage commissioners.] 


Record of Proceedings of Commissioners at Second Adjourned Meeting. 


Board of Drainage Commissioners, District No. 
Township of -, County of 


Illinois. 


lUWllOlllJJ UI -j M. y a.*A*x*^*w. 

A meeting of the drainage commissioners of the district aforesaid was 
held at -, on the - day of -, A. D. 19—, pursuant to adjourn¬ 
ment of meeting, held on the-day of-, A. D. 19— for the purpose 

of making the necessary examinations and findings, and having made a full 
examination into the matter, the said commissioners do find that the lands 
included in the proposed district would be benefited for agricultural and sani¬ 
tary purposes by the construction of a drain or a combined system of drain¬ 
age [a^ the case may be], which finding is reduced to writing and is in the 
words and figures following, to-wit: [here set forth the finding as made and 
signed by the commissioners.] 

Whereupon said commissioners do order that a drainage district be and 
the same is hereby organized in pursuance of the petition therefor, com¬ 
prising the lands embraced in the following boundaries [or lands described 
as follows! to-wit: [here set forth a description of the district by boundaries 
or description of the tracts of land embraced ], and such district is hereby 
declared fully organized, and is designated as drainage district No. , in 

__township, --- county and State of Illinois. 















234 


DRAINAGE. 


[Div. III. 


the present. Preference shall be given to tile drains whenever 
these will accomplish the purpose, and when open drains are 
deemed necessary, if it be practicable, these shall follow boun¬ 
dary lines, and parallels or right angles as the case may be, pro¬ 
vided the drainage shall not be impaired thereby. Unless the 
district is small, and the plans are manifestly of easy determina¬ 
tion, a competent engineer shall be employed to locate and ad¬ 
vise upon the character of the work to be done, and report in 
writing, with maps, profiles and estimates of cost, and in a gen¬ 
eral way, the benefits to accrue to the lands in the several locali¬ 
ties of the district. The maps and papers showing the final 
determination, as to the system of drainage, shall be filed in 
the clerk’s office and be recorded in the drainage record. 1 

21. Procure right of way—Releases—Damages.] § 18. The 

commissioners shall then proceed to procure the right of way for 
said work from the owners of the land upon which the same 
may pass, so far as they can do so by agreement with said 


A fair construction of sections 13, 14, 15, of this act would seem to be this, that 
at the first adjourned meeting under section 15, changes may be made in the peti¬ 
tion, in which case it might involve a further finding of the commissioners upon 
this changed condition of facts and which might also necessitate a further survey 
and estimates in the case, and this might call for a second adjourned meeting as 
provided in section 15 at which a further consideration and finding by the commis¬ 
sioners is contemplated upon which a final order may be entered organizing the 
drainage district; but in case no changes are made in the petition at the first 
adjourned meeting then the whole subject may be disposed of and the drainage 
district organized at such first adjourned meeting. The various forms here given 
are adapted to the case where changes are made in the petition. In cases where 
no changes are made in the petition the forms can be varied to suit the occasion. 

As presumptions are not usually indulged in by the courts in support of sum¬ 
mary proceedings of this kind, to any great extent at least, it would seem to be 
proper that the findings by the commissioners as provided in the foregoing sections 
of this act should be supported by proper recitals in each case, showing a compli¬ 
ance with the law. In the various forms here given the principle aforesaid has 

been kept in view by full recitals embodying such as are considered essential or 

jurisdictional facts occurring in the proceedings. 

By the constitution as amended by vote of the people at the November election 
in 1878 giving the Legislature power to provide for the organization of drainage 
districts and vest the corporate authorities thereof with power to construct by special 
assessment from property benefited thereby, there is no limitation upon the legis¬ 
lature as to the mode of forming such districts, or as to the agencies or instrumen¬ 
talities to be used in their creation. An express grant of power to the legislature 
by organic law to do a certain thing without any words of limitation or restriction, 
carries with the law necessary and proper means to make the power effective, and 
the legislature in such case is the sole judge of the means to be employed to pro¬ 
mote the end designed. Huston et al. v. Clark et al., 112 Ill., 344, Blake v The 

People, etc., 109 Ill., 504. 

(1) Form of Engineers Report of Surveys and Estimates. 

To the Drainage Commissioners of district No. - of the town of _, 

county of -, State of Illinois: 

The undersigned, a civil engineer, having been employed by your said 
commissioners to locate and advise upon the character of the work to be 
done in the drainage district aforesaid contemplated by said commissioners, 
do here report the survey thereof with maps, profiles and estimates of cost. ’ 

All of which is respectfully submitted this - day of _. 

A. D. 19—. L. M., Civil Engineer. 









Div. III.] 


COMBINED DRAINAGE. 


235 


owners, which release or releases of right of way shall be in 
writing, and shall be a perpetual bar to all claims for damages 
by the grantor or grantors, or their assigns, on account of the 
construction of such work. Such release or releases shall be filed 
in the town clerk’s office, and recorded in the drainage record: 
Provided, that should the commissioners be compelled to pay 
damages for the right of way in any lands over which any work 
may run, by virtue of the finding of a jury called to assess dam¬ 
ages, as hereinafter provided, that then and in that case they shall 
allow damages equitably to other owners of lands through which 
such work may be located, notwithstanding such owriers may 
have released such right of way without adequate compensation. 1 

22. Jury to assess damages—Venire—Notice to owners.] 

§ 19. Should the commissioners be unable to procure the right 
of way by agreement with the owner or owners of any lands 
over which the work may be located, they shall file a statement 
in writing with some justice of the peace in the vicinity, request¬ 
ing him to issue a venire for a jury, to assess the damages in 
such case or cases; and it shall thereupon be the duty of the 
justice to issue a venire for a jury of six (6) disinterested land 


(1) Form of Agreement for Right of Way and Release of Damages by 

Owner of Land. 

This agreement made this -day of-, A. D. 19—, between the 

drainage commissioners of district No. -, in the town of -, county 

of-, State of Illinois, and L. M., of -, witnesseth, that whereas a 

drainage district has been organized in said town designated as district No. 

-, comprising lands owned by said L. M., to-wit: [describe the lands], 

over which a drain is desired to be passed according to a plat and survey 
thereof, now on file in the clerk’s office, and it is agreed between the parties 
aforesaid that the full amount of damages of said L. M. for right of way 
and in the construction of said drain according to said survey and plat are 

- dollars, and said L. M., in consideration of one dollar paid by said 

drainage commissioners does hereby agree to accept said sum in full pay¬ 
ment of his damages as aforesaid, and to grant and release the right of way 
for said drain on payment thereof, and, which amount when paid and receipt 
thereof indorsed hereon, shall operate as a grant and release of the right of 
way aforesaid. 

In witness whereof said parties have hereunto set their hands and seals 
the day and year first above written. 

A. B., [seal.] 

C. D., [seal.] 

E. F., [seal.] 
Drainage Commissioners. 
L. M., [seal.1 

The law contemplates that the commissioners will proceed at once and procure 
the right of way before any funds are raised for payment of damages. It cannot 
be expected that full grants and releases will be given by the owner of lands until 
his damages are paid. The foregoing form is suggested as the most convenient that 
can be devised to meet the peculiar provisions of the law in this regard. 












236 


DRAINAGE. 


[D iv. III. 


owners to appear at his office at a day and hour therein named, 
not less than five (5) nor more than fifteen (15) days from the 
filing of such statement with the justice, for the purpose of 
assessing the damages in the case or cases mentioned. The 
justice shall cause a notice or notices in writing to be served 
upon the owner or owners of the lands in question, informing 
him or them of the time and place when the said case or cases 
will be tried. Said notices may be substantially in the following 
form:. 

To A. B.: 

You are hereby notified that a jury has been called to meet at my office 

in - township, - county, on the - day of -, A. D. 19—, 

at-o’clock — M., for the purpose of assessing damages in the matter of 

the drainage commissioners of - township, - county, against you; 

when and where you can appear and assert your rights in the premises, if 
you desire. C. S.-J. P. 

Said notice shall be served by a constable, not less than three 
(3) days before the time fixed for trial, in the same manner and 
with like effect as process in civil cases, and his return thereon 
shall show the manner such service was made, and for such 
service he shall be allowed the same fees as for service of process 
in civil cases: Provided, that where it shall be made to appear 
that any of such owners are non-resident, or unknown, notice of 
such proceeding shall be given by publication in some news¬ 
paper published in said county two (2) successive weeks prior to 
the time of such hearing, which notice shall be substantially in 
the form given above; and if any such owner shall be a minor, 
such notice shall be served upon him and also upon his guardian, 
if he shall have one who is a resident of said county: Provided, 
further, that the commissioners may commence the proceedings 
in the county court at any term thereof, either of common law 
or probate. 1 


(1) Form of Statement and Request by Commissioners to Justice for Venire. 
State of Illinois, ) 

- County, J ss> 

To R. S., Justice of the Peace: 

The undersigned drainage commissioners of district No. —, in the town 

of -, in the county aforesaid, having applied to A. B., the owner of 

lands in said drainage district No. —, to procure the right of way for a cer¬ 
tain drain over said lands, over which the work of said drain has been 
located pursuant to the statute, and being unable to procure the right of 
way therefor by agreement with said A. B., we do request of you, said 
justice in the vicinity, to issue a venire for a jury to assess the damages 
in such case. 

Witness our hands, this - day of -, A. D. 19—. 

A. B. ] -p. 

C D Drainage 

r?' p’ | Commissioners. 














Div. III.] 


COMBINED DRAINAGE. 


237 


23. Trial—Challenges—Verdict—Transcript to be filed.] 

§ • \\ hen the jury shall appear, as provided in the foregoing 

section, the trial shall be conducted as other vases before a jus¬ 
tice of the peace or county court, as the case may be. Either 
party may have the same number of challenges, and for the 
same causes as in other cases, before justices of the peace or the 
county court, as the case may be, and if notice shall not have 
been given according to law, or for any other good cause, the 
court may continue the case from time to time, till proper notice 


Form of Venire for Jury. 

State of Illinois, \ 

- County, \ ss ' 

The People of the State of Illinois to any constable of said county Greet¬ 
ing : 

We command you to summon six disinterested landowners having the 

qualifications of jurors to appear before me, at my office at -, on the 

- day of -, A. D. 19—, at - o’clock, —. M., for the purpose of 

assessing the damages sustained by A. B., owner of land over which the 
drainage commissioners propose to locate and construct a drain [or com¬ 
bined system of drainage] in drainage district No. —, in the town of -- 

in said county, and have you then and there this writ. 

Witness my hand, this - day of -, A. D. 19—. 

John Doc, Justice of the Peace 

The question is raised, whether the jury in this case should not consist of twelve 
persons, as in other cases where the compensation is not made by the state. The 
proceeding before the justice is not a trial according to the recognized definition 
of the term. That the legislature have by this act styled it a trial cannot change 
the manifest intention of the framers of the Constitution. See Const. Art. II, § 13. 

As to manner of conducting cases before justices of the peace, challenges and 
empaneling juries, see Haines’ Treatise on the subject of “Trial and Incidents 
Thereto.” See also same book in regard to duty of constables under head of 
“Service and Return of Process,” “Constable’s Pees.” 

Objections to defective notices in proceedings under the Drainage Act will be 
waived by subsequent appearance. Gilkerson v. Scott, 76 Ill. R. 509. 


Form of Verdict of Jury. 


State of Illinois, ) 
-County, \ ss 


In Justice Court, before A. B. 

Justice of the Peace. 

In the matter of the assessment of damages consequent upon the construc¬ 
tion of a drain the case may be] over the lands in drainage district 

No. —, in the town of-, in said county, ’escribed and owned as 

follows, viz: 


DESCRIPTION OF LAND. 

OWNED BY 




We, the jury, summoned to assess the damages in the above cause, and 
having taken the oath required by law, and having heard the evidence offered, 
as to the value of the lands proposed to be taken, and all damages conse- 

























238 


DRAINAGE. 


[Div. III. 


shall have been given, or the case is ready for trial. The jury 
shall hear the evidence offered in the case as to the value of the 
land proposd to be taken, and all damages consequent upon the 
construction of the proposed work, and may go upon the prem¬ 
ises for the purpose of viewing them; and they shall return as 
their verdict the amount of damages found, if any, in favor of 
the owner or owners and against the commissioners, and the 
justice of the peace or county judge shall enter judgment for 


quent upon the construction of the proposed work, and having visited the 
lands [if such is the fact] over which the proposed improvement is to 
pass, to assess the damages that we deem the claimants are entitled to, 
as follows: 

To O. P., on land above described owned by him, the sum of - 

dollars. 

Given under our hands this - day of-, A. D. 19—. 

[Signed by the Jurors.] 


It may be well in each separate verdict to set out a description of all the 
lands in question, with names of owners, as suggested in the preceding form, con¬ 
cluding with a separate verdict or assessment as to each owner. 

Where a juror is discharged in the course of the proceeding and another sub¬ 
stituted in his place without the consent, or in the absence of parties interested, it is 
a fatal error. Gilkerson v. Scott, 76 Ill. R., 509. 


Form of Docket Entry of Justice in Proceedings to Assess Damages foi 

Drain. 

State of Illinois, \ 

County, $ 


Before C. S., Justice of the Peace. 


In the matter of application of drainage commissioners 'j 
of district No. —, in the town of-, for assess¬ 


ment of damages of A. B., to land for drain. 

A. D. 19—, - Statement of drainage commissioners filed requesting 

jury to assess damages of A. B., to his land by reason of constructing drain 

over same; venire issued, day of hearing-, A. D. 19—, at- o’clock, 

—, M.; notice issued to A. B. of time of impaneling jury; returned, served 
by constable as follows, [give copy of return.] 

A. D. 19—, - Parties appear; venire returned and following jury 

empaneled, | Five names]. Upon hearing the allegations and proofs of the 
respective parties the jury returned their verdict that [set forth substance of 
verdict.] It is therefore considered by the court that [name of owner ] 
have and recover, to be paid by said drainage commissioners, the sum of 
- dollars as damages for state for zvhat]. 

C. S., Justice of the Peace. 


Form of Certificate to Transcript of Foregoing Docket Entry. 

State of Illinois, ] 

- County, [ ss ’ 

I, C. S., a justice of the peace in and for said county, do hereby certify 
that the foregoing is a true and correct transcript of the proceedings 
therein set forth as the same are entered and appear recorded in my docket, 
and that the same is correctly copied therefrom. 

Given under my hand and seal this - day of-, A. D. 19—. 

C. S., Justice of the Peace, [seal.] 















Div. III.] 


SPECIAL ASSESSMENT. 


239 


the amount of such verdict, which judgment shall be final and 
conclusive. Vacancies in the panel of jurors, from whatever 
cause, shall be filled the same as vacancies in other cases, but 
vacancies shall, in all cases, be filled by freeholders, and the same 
jury shall hear and determine all cases for which the venire was 
issued, and shall return separate verdicts as to each owner or 
joint owner; and the justice or judge shall thereupon file, in the 
office of the clerk of the drainage commissioners, a certified tran¬ 
script of the proceedings before him in each case, which shall be 
recorded in the drainage record. 

SPECIAL ASSESSMENT. 

24. Special assessment for benefits by classification of lands—How made. 

25. Ditch previously constructed—May be utilized. 

26. Notice of meeting to hear objections. 

27. Hearing objections—Proceedings—Appeal. 

28. Appeals to county court. 

29. Resolution to raise funds by special assessment. 

24. Special assessment for benetfis by classification of lands 
—How made.] § 21. As soon as the plans for the work have 
been determined, the commissioners shall proceed to make 
special assessments for benefits by classifying the lands in the 
district in tracts of forty acres, more or less, according to the 
legal or recognized subdivisions on a graduated scale, to be 
numbered according to the benefits to be received by the con¬ 
templated drainage. The tracts of land which will receive most 
and about equal benefits shall be marked one hundred (100), and 
such as are adjudged to receive less benefits shall be marked 
with a less number, denoting its per cent of benefit. This classi¬ 
fication, when established, as hereinafter provided, shall remain 
as a basis for such levy of taxes as may be needed for the law¬ 
ful and proper purposes of the drainage district. In districts 
heretofore formed, which have made one or more levy of taxes, 
and a new levy is required, the classification of lands on the 
graduated scale shall be made to conform as near as may be 
to the former proportionate assessment; but if the commis¬ 
sioners believe, from experience and results, that the former 
assessment was not fairly adjusted on the several tracts of land 
according to benefits, then the commissioners shall disregard the 
proportions of the former assessment and make the new classi¬ 
fication in accordance with such proportions as should have been 
made originally: Provided, that in any district where a classi¬ 
fication has once been made, and the commissioners believe 



240 


drainage. 


[Div. III. 


from experience and results that such former classification was 
or is not fairly adjusted on the several tracts of land according 
to benefits, which may be derived from new or additional assess¬ 
ments, then the commissioners shall disregard such former 
classification and make a new classification in accordance with 
justice and right. When the classification is completed it shall 
be properly tabulated, or shown by a map, or both, and filed 
in the clerk’s office for inspection. 1 [As amended by Act ap¬ 
proved and in force June 11, 1891. Laws 1891, p. 102. 

25. Ditch previously constructed—May be utilized.] § 22. 
When it shall appear to the commissioners that a drain or ditch 
has been, in whole or in part, previously constructed for the pur¬ 
pose of draining or protecting from overflow any land to be af¬ 
fected by the work proposed under this Act, and such original 
work can be advantageously utilized, they may estimate the 
value of such old ditch, and allow the owner proper credit for 
the same: Provided, no allowance shall be made for any ditch 
which was constructed out of the swamp and overflowed land 
funds, or other public funds. 

26. Notice of meeting to hear objections.] § 23. The com¬ 
missioners shall cause to be personally served upon all parties 
owning land to be affected by the proposed work, or other 


(1) The classification of lands under section 21 may be made in writing and 
tabulated in proper form, or it may be done by a map thereof designating each 
tract with the number on graduated scale marked thereon, or it may be shown both 
in writing and by map. When in writing, the following is the proper form: 


Form of Special Assessment for Benefits by Classification of Lands. 
State of Illinois,! 

- County, }• Drainage District No. —. 

Town of -, j 

The plans for work in drainage district No. — aforesaid, having been 
determined bv the commissioners, they do make a special assessment for 
benefits, classifying the lands in the district on a graduated scale numbered 
according to the benefits to be received by the contemplated drainage dis¬ 
trict. The tracts of land which receive most and about equal benefits being 
marked 100, and such as are adjudged to receive less benefits are marked 
with a less number denoting each person’s benefit, as follows: 




DESCRIPTION 

OF 

TRACT OF LAND. 

NO. OF 

ACRES. 

NO. ON. 

GRADUATED SCALE. 

N. 

E. 

54 N. E. 


Sec. 1. 

40 

100 

S. 

E. 

V\ S. E. 

J4 

Sec. 1. 

40 

75 


Witness the hands of said drainage commissioners this 
—, A. D. 19—. 


Attest: 

L. M., Clerk. 


A. B.,1 
C. D., [ 
E. F., J 


Drainage 

Commisisoners. 


day 


of 















Div.III.l 


SPECIAL ASSESSMENT. 


241 


property liable to be taxed under this Act, and residing in the 
county, a written or printed notice of the time when, and place 
where they will meet to hear any and all objections that may 
be made to the classification of lands on the graduated scale, 
which notice shall be served, in case of residents in the county, 
not less than three (3) days before the time set for hearing, by 
delivering a copy thereof to the party to be served; and the 
commissioners shall cause to be sent by mail such notice to 
all owners who do not reside in the county, whose land is to be 
affected, in case their postoffice address is known to the com¬ 
missioners, or any of them, or can be ascertained by the use of 
reasonable diligence; and in case the land of any non-resident 
is to be affected, then publication shall be made in some news¬ 
paper published in said county, for three (3) successive weeks 
prior to the time of such hearing, and such meeting to hear ob¬ 
jections may be adjourned from day to day by public announce¬ 
ment of the commissioners, made at the meeting, until all objec¬ 
tions are heard; and all persons duly notified of the first day of 
meeting, as hereinbefore provided in this section, shall take 
cognizance of all such adjournments without further notifica¬ 
tion. The affidavit of any credible person or persons, that he 
has or they have posted such notices hereinbefore required, and 
the certificate of the publishers of such newspaper as to such 
publication, shall be sufficient evidence of such facts. 1 

27. Hearing objections—Proceedings—Appeal.] § 24. At 

the time of meeting for review the commissioners shall hear 
whatever objections may be urged by any person interested, and 

Note. —It must be borne in mind that a record of the proceedings of the 
commissioners is required to be kept by the clerk in all cases. Whenever the 
commisisoners meet and transact business, or make any orders, the proceed¬ 
ings should be entered in the drainage record. Forms for record of pro¬ 
ceedings heretofore given, may be consulted for this purpose and used by 
changing the same according to the facts, and which will probably suffice as 
a precedent in all cases. 


To 


(1) Form of Notice to Land Ozvners Affected. 

: You are hereby notified that the Drainage Commissioners 


county of 


State of 


of District No. -, of the township of 

Illinois, will meet on the- day of- „ . 

o’clock, at -, to hear any objection that may be made to the classihca- 


A. D. 19—, at the hour of - 


tion of lands on the graduated scale in said district, made by said commis¬ 
sioners for the purpose of special assessments for benefits in consequence 
of the construction of a proposed drain [or system of drainage] in the said 
district, when and where you can appear and make objections if you desire. 

Dated this - day of -, A. D. 19—. . . , 

Attest: G. H., Clerk. [Signed by the commissioners.\ 










242 


DRAINAGE. 


[Div. III. 


if satisfied that any injustice has been done in the classification 
of the several tracts of land, or any of them, they shall correct the 
same in accordance with what is right, but if not so satisfied, 
they shall leave the classification as first made, and enter an 
order to that effect. 2 Any person appearing and urging objec¬ 
tions who is not satisfied with the decision of the commissioners, 
may appeal from their decision to the county court of the county 
in which the lands affected are situated, within ten days after the 
decision of the commissioners was rendered, by filing with the 
county clerk a bond with security conditioned to pay such tax 
as may finally be levied upon the land in question, and the costs 
occasioned by the appeal in case the commissioners shall be 
sustained by the court of appeal. [As amended by Act ap¬ 
proved May 10, 1901. In force July 1, 1901. Laws 1901, p. 148. 

28. Appeals to county court.] § 25. Appeals taken to the 
county court under the provisions of this Act may be heard at 
any term thereof 4 Provided, That ten days has intervened from 


(2) Form of Order Confirming Assessment. 

State of Illinois, ] 

- County, [ 

-Township, J 

We, the Drainage Commissioners of Drainage District No. ——, of 
-township, having heard the objections of [give the name of all per¬ 
sons objecting], to the special assessment and classification of lands made 

by us for [state the purpose of the assessment ] in Drainage District No.-, 

in said township, are of opinion that said assessment and classification are 
in accordance with justice and right, and we do hereby in all things confirm 
the same. Dated this - day of , A. D. 19—. 

Attest: L. M., Clerk. [Signed by the commissioners.] 

(1) Form of Appeal Bond. 

Know all men by these presents, that we, A. B. and .C. D., of - 

township, - county, State of Illinois, are held and firmly bound unto 

the drainage commissioners of District No. ——, in the township, county and 

State aforesaid, and their successors in office, in the penal sum of - 

dollars, which sum well and truly to be paid we bind ourselves, our heirs, 
executors and administrators, jointly and severally, firmly by these presents. 

Signed and sealed by us this - day of -, A. D., 19—. 

The condition of this obligation is such that, whereas, the above bounden 
A. B. has appealed to the county court of the county aforesaid from a decision 

by the drainage commissioners of the aforesaid district No. -, confirming 

a special assessment and classification made against his land in said drainage 
district for the purpose of [state the purpose] which order of confirmation 

is dated the - day of -, A. D. 19—; now, therefore, if the above 

bounden A. B. shall pay, or cause to be paid, the amount of said assessment, 
and all costs occasioned by this appeal, in case said assessment shall be 
affirmed, then this obligation to be void; otherwise to remain in full force 
and effect. # [Signatures and seals.] 

Special assessment tax list of - [here insert name of district.] 














Div. III.] 


SPECIAL ASSESSMENT. 


243 


the time of taking the appeal and the first day of the term, and 
if not ten days, then such appeal shall be heard at the next term 
of said court as herein provided, and the costs of such appeal 
may, at the discretion of the court, be divided between the drain¬ 
age district and the owner of the land who may appeal from the 
classification of the commissioners. It shall be the duty of the 
county court to cause to be summoned twelve (12) landowners 
living outside of the drainage district, and who are not inter¬ 
ested in any lands or work in said district, or of kin to any of 
the parties interested, to meet at the court house at a time set by 
ihe court for hearing any appeal or appeals that may be taken 
from the decision of the commissioners. The said twelve (12) 
land-owners shall be men who have practical knowledge of the 
costs and benefits of farm drainage, and shall be sworn in as a 
special jury to try the case on appeal. Should any of said land- 
owners fail to appear at the time named, or should any of those 
summoned be rejected under the exercise of the usual right of 
challenge, the court may cause to be summoned any other quali¬ 
fied land-owner or owners, as required by this section, to fill 
such vacancy or vacancies, or the case may be tried by six (6) 
qualified jurors, if both parties to the suit so agree. Whenever 
the special jury summoned to hear appeals shall have been 
sworn in as herein provided, it shall be the duty of the court to 
lay before them the classification as determined by the drainage 
commissioners, and they shall examine the same, and hear alle¬ 
gations and testimony in opposition to and in support of the 
same, and may, if requested by either party to the appeal, visit 
the district and view the lands. If they find the tracts of land 
in question are marked too high or too low in the classifica¬ 
tion, they shall correct the errors; but if no injustice has been 
done, they shall confirm the classification as made by the com¬ 
missioners. Their final determination shall be made in writing, 
and filed with the records of the court. The classification, when 
established as herein provided, shall also be recorded with other 
papers on the drainage record: Provided, That if either party 
to such appeal shall be dissatisfied with the decision rendered 
by the special jury as above provided, the county judge may 
hear reasons for or against a further appeal to the circuit court 
of said county on the classification of the lands in question, and 
may, at his discretion, grant or refuse such appeal. If further 
appeal be not prayed for, or be refused by the county judge, then 
the decision rendered by the special jury in the county court 
shall be conclusive and final. If appeal to the circuit court be 
granted the classification as fixed in such court shall be final: 
Provided, further, That in all cases in which appeal is taken to 



244 


DRAINAGE. 


[Div. III. 


the circuit court, bond shall be given as in appeal to the county 
court, and the costs of such appeal shall be paid by the owner or 
owners of the land or lands so appealing in case the classification 
as fixed by the county court shall be sustained. The circuit 
judge shall cause to be sworn in twelve (12) jurors, qualified 
as required in appeals to the county court, and the appeal shall be 
tried in the same manner as in the county court, as nearly as may 
be, and the decision of such jury shall be conclusive and final, and 
no further appeal shall be granted. The classification, as de¬ 
termined and fixed in the circuit court, shall be entered in the 
drainage record of the district in which the land or lands are 
situated, and thereafter shall be the basis upon which assess¬ 
ments for benefits shall be made. [As amended by Act ap¬ 
proved May 10 , 1901 . In force July 1 , 1901 . Laws 1901 , p. 148 . 

29. Resolution to raise funds by special assessment.] § 26 . 
The commissioners by resolution shall order such amount of 
money to be raised by special assessment upon the lands of the 
district as may be necessary, and such amount shall be appor¬ 
tioned among the several tracts in the name of the owner when 
known, according to acreage of each and its figure of classifica¬ 
tion on the graduated scale, so that each tract may bear its equal 
burden in proportion to benefits. They shall make out a special 
assessment roll, hereinafter designated tax list, setting down in 
separate columns the owners’ names, when known, and when 
unknown stating unknown, a description of the land, the num¬ 
ber denoting the classification, the tax, the damages allowed, if 
-any, or any other credit to be given to the owner. The balance 
of tax over credits or of damages or other credits over the tax 
showing the amount due to the district by each land owner on 
the separate tracts, or, due to the land owner by the district, 
shall be set down in final columns. When completed the list 
shall be filed with the town clerk. The tax list may be substan¬ 
tially as follows. 1 


“special assessment 'tax list of—[ here insert name of district.] 


Owners’ 

Name. 

Description of 
Land. 

N o. classifica¬ 
tion on scale 

Tax Levied.. 

Total cred its 

Ba’ance due 
District.. 

Balance due 
Owners.. 

Remarks. 

Sec. 

Tp. 

R. 

Acs. 







Do!. 

Cts. 

Dol. 

Cts. 

Dol. 

Cts. 

Dol. 

Cts. 


















(1) See People v. Cary, 231 Ill. 502; People v. Warren, Ill. 518. 

























Div. III.] 


APPEAL TO COUNTY COURT. 


245 


APPEAL TO COUNTY COURT. 


30. Section 27 repealed by amending Act of May 1, 1901. 

31. Appeal not to delay tax. 

32. How tax may be paid. 

33. Tax list—Supervisor to give bond as treasurer—Condition. 

34. Duty of treasurer. 

35. Delinquent list—Sale—Commissioners may purchase. 

36. Collector to give bond—Treasurer may receive payment. 

37. Divisions into sections—Letting of work. 

38. Notice of letting—Bids—Contract. 

39. Taxes credited on contract—Receipt. 

40. Excess—How applied. 

41. How money may be used. 

30. § 27. [This section repealed by amending Act, of May 11, 
1901.] 

31. Appeal not to delay tax.] § 28. The taking of any ap¬ 
peal by any person or persons, as herein provided, shall not op¬ 
erate to delay the collection of any tax from which no appeal 
has been taken, nor delay the progress of the work. 

32. How tax may be paid.] § 29. It shall be competent 
for the commissioners to order the tax to be paid in install¬ 
ments of such amounts and at such times as will be convenient 
for the accomplishment of the proposed work; otherwise the 
whole amount of such tax shall be payable thirty days after 
such confirmation, and shall be a lien upon the lands assessed 
until paid; and such taxes shall draw interest at the rate of six 
(6) per cent per annum from the time they shall become paya¬ 
ble until they are paid, and such interest may be collected and 
enforced as part of the taxes. 2 [As amended by Act approved 
May 11, 1901. In force July 1, 1901. Laws 1901, p. 149. 

33. Tax List—Supervisor to give bond as treasurer—Con¬ 
dition.] § 30. Immediately after the commissioners shall have 


(2) Order for Payment in Installments. 

Ordered by the Drainage Commissioners that the tax levied in the dis¬ 
trict, in pursuance of resolution of the commissioners on the - day of 

_1_ a. D. 19—, and shown by special assessment tax list filed with the 

clerk on the- day of -, A. D. 19—, be paid in installments of $- 

each, on or before the Estate the time of payment for each installment.) 

NOTE._These orders must be entered In the drainage record, with proceedings 

gind dates thereof. 








246 


DRAINAGE. 


[Div. III. 


filed their tax list, the clerk shall make out and certify to the 
treasurer a copy of said tax list; and the said treasurer shall 
execute a bond to the people of the State of Illinois for the use 
of all persons interested, in a sum not less than twice the amount 
of taxes levied, conditioned for the faithful performance of his 
duties as treasurer of said drainage district, and that he will 
faithfully account for all money that, by virtue of said office, shall 
come to his hands. Such bond shall be with such sureties as 
may be approved by the commissioners, and such bond shall be 
kept and preserved in the town clerk’s office. In case the super¬ 
visor shall fail to give such bond, as treasurer, the commissioner 
may appoint a treasurer until the supervisor or his successor 
shall give such bond. * 1 

34. Duty of Treasurer.] § 31. It shall be the duty of 

the treasurer of every drainage district to keep, in proper books 
to be furnished him by the commissioners, an accurate account 
of all moneys received by him and all disbursements of the 
same. He shall pay out no money except upon the order of a 
majority of the commissioners, and he shall carefully preserve 


(1) Form of Clerk’s Certificate to Treasurer of Copy of Tax List. 

State of Illinois, ] p. . tv * • * vr 

_ rnnntv L Drainage District No. —. 

Town of _ _ J To A. B., treasurer of Drainage District No. —. 

I, C. D., clerk of said drainage district, do hereby certify that the fore¬ 
going is a true and correct copy of the original tax list filed by the drainage 
commissioners of said district, and now remain in my office. 

Given under my hand this - day of -, A. D. 19—. 

C. D., Clerk. 


Form of Bond of Treasurer of Drainage District. 

Know all men by these presents, that A. B., of the township of -, 

county of -, and State of Illinois, and C. D. and E. F., as sureties, are 

held and firmly bound unto the People of the State of Illinois for the use 

of all persons interested, in the penal sum of - dollars, which sum well 

and truly to be paid, we bind ourselves, our heirs, executors and adminis¬ 
trators, jointly and severally, firmly by these presents. 

Signed with our hands and sealed this-day of-, A. D. 19—. 

The condition of the above obligation is such that if the above bounden 
A. B. shall faithfully perform his duties as the treasurer of Drainage Dis¬ 
trict No. —, in the township of -, county of -, and State of 

Illinois, and will faithfully account for all moneys that by virtue of said 
office shall come to his hands, then this obligation to be void, otherwise 
to remain in full force and effect. 


This bond and the sureties approved this 
Attest: 

L. M., Clerk. 


A. B., [seal.] 

C. D., [seal.] 

E. F., [seal.] 

-day of-, A. D. 19 —. 

G. H .,1 p. . 

H j { Drainage 

J K' J Commissioners. 













Div. III.] 


APPEAL TO COUNTY COURT. 


247 


on file all orders for the payment of money, and as often as re¬ 
quired by a majority of the commissioners, shall render a correct 
account to them of all matters pertaining to his office, with the 
vouchers and other papers and records in his possession as such 
treasurer, verifying the same, and he shall turn over all books, 
papers, vouchers, money and property belonging to and in his 
hands or under his control as such treasurer, to his successor 
in office, and the commissioners shall have the right to exam¬ 
ine the same at all times. 1 

35. Delinquent list—Sale—Commissioners may purchase.] 

§ 32. It shall be the duty of the treasurer of each and every 
drainage district, heretofore or hereafter organized, to make out 
a certified list of all delinquent lands upon which the tax or any 
installment or any part thereof remains unpaid, and the same 
shall be by him, on or before the 10th day of March next, after 
the same has become due, returned to the county collector of 
the county or counties in which such land shall lie. And it 
shall be the duty of the collector to whom such return is made, 
to transfer the amount thereof, from such return, to the tax 
books in his hands, setting down therein, opposite the respective 
tracts or lots, in proper columns prepared for that purpose, the 
amount thereof against each tract or lot, and the like proceed¬ 
ings shall be had, and with like force and effect in the collec¬ 
tion of such delinquent tax or installment, and the sale of said 
lands for the non-payment thereof, as in ordinary collections 
of State and county taxes and the sales of real estate by them, 
for such non-payment and of redemption from such sales. At 
the sale of lands for any delinquent drainage assessment or tax, 
the commissioners may become the purchasers or may desig¬ 
nate or appoint some person to attend and bid at such sale on 
behalf of said district. 2 


(1) Form of Order of Drainage Commissioners on Treasurer. 


State of Illinois,] ^ • jv . . , XT 

_ Tountv L ss - Drainage District No. —. 

Town of __ J Do the Treasurer of Drainage District No. —. 

Pay to A. B. or order the sum of - dollars for [here state on what 

account order is drawn.} 

Dated this - day of -, A. D. 19—. 


R. L„] 
E. S., 
H. P., 


Drainage 

Commissioners. 


(2) Form of Delinquent List. 

State of Illinois,] 

- County, )■ ss. Drainage District No. —. 

Town of -, J 










248 


DRAINAGE. 


[Div. III. 


36. Collector to give bond—Treasurer may receive pay¬ 
ment.] § 33. When the certified list of such delinquent lands 
has come into the hands of the county collector, the said col¬ 
lector, unless he is the treasurer of the district, shall execute to 
the drainage commissioners for the use of said district a bond in 
a sum not less than double the amount of the delinquency as 
shown by said list, conditioned for the faithful performance of his 
duties as collector of said delinquency, and that he will faith¬ 
fully account for all moneys that shall come into his hands by 
reason of the delinquent tax or installments, which bond shall 
be, with such securities as may be approved by the commis¬ 
sioners, filed in the clerk’s office, and recorded in the drainage 
record. Notwithstanding the return of such delinquent list the 
treasurer of the drainage district may receive payment of any 
such delinquent assessment or tax, interest and costs, and re¬ 
ceipt for the same, but shall keep a memorandum thereof, and 
on or before the day of sale fixed by the county collector for 
sale of lands for non-payment of taxes, shall present said mem¬ 
orandum or list to the county collector, for the purpose of hav¬ 
ing the same checked or marked paid on the delinquent list in 
his hands, and all amounts collected by the county collector by 
sale or otherwise, after deducting his fees, shall be paid over to 
the treasurer of said drainage district, except as otherwise pro¬ 
vided herein. 1 


I, A. B., treasurer of the drainage district No. —, of the town of-, 

county of -, and State of Illinois, do hereby certify that the following 

is a correct list of delinquent lands upon which the assessments remain 
unpaid for [here state for what]. 


NAMES OF OWNERS. 

DESCRIPTION 

OF LAND. 

AMOUNT 

AND 

ASSESSED 

DUE. 





In witness whereof I have hereto set my hand this —— day of-, 

A. D. 19—. A. B., Drainage District Treasurer. 

(1) Form of Bond of County Collector to Drainage Conureissioners. 

Know all men by these presents that we, A. B., C. D., and E. F., are 
held and firmly bound unto the drainage commissioners of drainage dis¬ 
trict No. —, in the town of -, county of -, State of Illinois, for 

the use of said district, in the sum of - dollars, which sum well and 

truly to be paid, we bind ourselves, our heirs, executors and administrators, 
jointly, severally, and firmly by these presents. 

Sealed with our seals and dated this-day of -. A. D. 19—. 

The condition of the above obligation is such, that whereas the above 

bounden A. B., county collector of the - county aforesaid, did on the 

- day of -, A. D. 19—, receive from the treasurer of drainage dis- 


















Div. III. 1 


APPEAL TO COUNTY COURT. 


249 


37. Divisions into sections—Letting of work.] § 34. The 
said commissioners, when they have procured the right of way 
for the proposed work, may divide the ditch or ditches into sec¬ 
tions a quarter of a mile in length, except the remainder or re¬ 
mainders, after taking out as many full sections as the work con¬ 
tains, which remainder or remainders may be let with the ad¬ 
joining section, or separately, as the commissioners may think 
best; or they may let the entire work in one or more contract: 
Provided, that in case the work is on the farms or lands of two 
parties only, the amount on each shall be let separately, and the 
owners of the land shall have the preference, where the bids are 
equal, to construct that part belonging to his own land, and this 
rule may be applied to a larger number, if the commissioners 
shall unanimously agree to the same. 

38. Notice of letting —Bids-— Contract.] § 35. As soon as 
practicable the commissioners shall cause notice to be given of the 
time and place of the letting, and of the kind and amount of 
work to be done, and where plans of the same may be seen, by 
publication for twenty days in some newspaper printed or pub¬ 
lished in said county. Said bids shall be under seal, and. the 
commissioners may reject any and all bids, and may continue 
the letting from time to time, if, in their judgment, the same be 
necessary. If the cost of the entire work will not exceed five 

trict No. — aforesaid, a certified list of all delinquent lands upon which the 
tax or any installment, or any part thereof remains, as appears by the c . ertl £" 
cate of said treasurer thereto, unpaid in said district, now, therefore, if the 
said A B shall faithfully perform his duties as collector of said delinquency, 
and shall* faithfully account for all moneys that shall come into his hands 
by reason of the delinquent tax or installment aforesaid, then this obligation 
to be void, otherwise to remain in full force and effect. 

A. B., [seal.] 

C. D., [seal.] 

E. F., [seal.] 

Approved by us, the drainage commissioners of district No. -. 

c" 1 Drainage 
t ' tvY I Commissioners. 


<orm of Drainage District Treasurer's Certificate of List of Delinquent 

Lands. 


State of Illinois,] 

- County, }-ss. 

Town of —-, J 


Drainage District No. —. 


I A B , treasurer of drainage district No. — aforesaid do hereby cer- 
tifv that the foregoing [or annexedl is a correct list of all delinquent lands 
in said drainage district upon which the tax assessed thereon, or any install, 
ments, or any part thereof remains unpaid. n n 

Given under my hand this- day <of - : , A. p. in . 

<ji\en uu j A Drainage District Treasurer, 










250 


DRAINAGE. 


[Div. III. 


hundred dollars ($500), the commissioners shall let the same 
at such time and in such manner as they may think best. Said 
commissioners shall not, during their term of office, be interested, 
directly or indirectly, in any contract for the construction, repair 
or maintenance of any work in such drainage district, nor in the 
wages nor supplies to men or teams employed on any work un¬ 
der their jurisdiction. Any person or persons taking any work 
under contract, shall, on the completion thereof, according to 
contract, be paid for such work by the treasurer, upon the order 
of the commissioners. If any person or persons to whom any 
portion of said work shall be let as aforesaid, shall fail to perform 
said work, the same shall be re-let in such manner as the com¬ 
missioners may think best. 1 

39. Taxes credited on contract—Receipt. § 36. In case any 
person from whom taxes are due contracts to do any work, and 
said work is done according to contract, the commissioners shall 
give said person a receipt for so much of said tax as said work 
amounts to, and said receipt may be received by the treasurer 
as payment of so much of said tax. 

40. Excess— How applied. . § 37 All excess, if any, of al¬ 
lowances for right of way and damages over the amount of tax 
against the same person, shall be paid or tendered to the owners 
thereof, before the commissioners shall be authorized to enter 
upon said lands for the construction of any work thereon; in 
case the owner is unknown, or there shall be a contest in regard 
to the ownership of the land, or the commissioners cannot, for 
any reason, safely pay the same to the owner, they may deposit 
the same with the clerk of the county court, and the court may 
order the payment thereof to such party as shall appear to be 
entitled to the same. 

41. How money may be used.] § 38. The commissioners 
may use money belonging to the district for the purpose of com¬ 
promising suits and controversies arising under this Act, and 
in employment of all necessary agents and attorneys in the prose¬ 
cution or defense of said operations, and to pay all necessary 
employes: Provided, the acts of the commissioners shall be uni¬ 
form as to the rights of all persons and property. 

(1) Form of Notice of Letting Contract. 

Public notice is hereby given that the drainage commissioners of district 

No..—, of the town of -, county of -, and State of Illinois, will 

receive bids, under seal, up to noon of the - day of -. A. D. 19—, 

at —;-> for the [here state kind and amount of work to be done]. Plans 

of said work are on file at [state where"], where the same may be seen. The 
said commissioners reserve the right to reject any and all bids. 

Dated at -, this-day of-, A. D.19—. 

Attest: [Signed by the Drainage Commissioners.] 

L. M., Clerk 









Div. III.]: 


GENERAL DUTIES OF COMMIOSIONERS. 


251 


GENERAL DUTIES OF COMMISSIONERS. 

42. Authority to sell land—Penalty. 

43. May use public highway—.Benefits—Tax. 

44. Notice to construct bridge—Appeal. 

45. When work completed—Repairs and maintenance. 

46. Rights of land owners—Enlargement of boundaries of district— 

Proceedings. 

47. Sub-districts—Right of. 

48. Willful injury to drain—Penalty—Damages. 

49. Damages to drain by animals—Liability of owner. 

50. Liability of commissioners for failure to perform duties—Penalty. 

51. Commissioners and treasurer to make annual report. 

52. District— How dissolved—Assessments. 

42. Authority to enter lands. — Penalty.] §39. The com¬ 
missioners, may authorize any employes to go upon the lands ly¬ 
ing within said district, for the purpose of examining the same 
and making surveys; and after payment or tender of compensa¬ 
tion allowed, may authorize all contractors, with their servants, 
teams, tools, instruments or other equipments to enter for the 
purpose of constructing such proposed work, and may ever there¬ 
after enter upon said lands as aforesaid, for the purpose of main- • 
taining or repairing such work, doing no more damage than the 
necessity of the occasion may require; and any person who shall 
willfully prohibit or prevent any of the aforesaid persons from 
entering upon such lands for the purpose aforesaid, shall be fined 
in a sum not to exceed twenty-five dollars ($25) per day, for 
such hindrance, to be collected as other fines. 

43. May use public highway—Benefits—Tax.] § 40. The 

commissioners shall have the right to use any part of the right 
of way of any public highway for the purpose of the work to be 
done, provided such use will not permanently destroy or ma¬ 
terially impair such public highway for public use; and if in 
the construction of said work any public highway or railroad 
or any part of the same will be benefited, the commissioners 
may assess to such public road or railroad such sum or sums 
as will be just and equitable for such public road or railroad to 
pay in proportion to the benefits received; which shall be de¬ 
termined by estimating the amount of benefits to the entire dis¬ 
trict, including the benefits to such railroad or public road; and 
also the benefit to the railroad or the public road, then the frac¬ 
tional figures expressing the ratio between the sum of the benefits 
for the whole district and the sum found to be the benefits to the 
railroad or public road, shall express the proportional part of 
the corporate taxes of the district to be paid by such railroad 




252 


DRAINAGE. 


[Div. IIL 


or public road, as the case may be. Such proportional classi¬ 
fication shall be subject to like review and appeals, as is provided 
for individual land owners. The amount of such road tax shall 
be paid out of the road and bridge tax of the town or district in 
which the public highway or part benefited lies. 1 

44. Notice to construct bridges—Appeal.] §40}4. The 
commissioners shall have the power and are required to make 
all necessary bridges and culverts along or across any public 
highway or railroad which may be deemed necessary for the 
use or protection of the work, and the cost of the same shall be 
paid out of the road and bridge tax, or by the railroad company, 
as the case may be: Provided, however, notice shall first be given 
to the road or railroad authorities to build or construct such 
bridge or culvert, and they shall have thirty days in which to 
build or construct the same, such bridges or culverts shall in all 
cases be constructed so as not to interfere with the free flow of 
water through the drains of the district. Should any railroad 
company refuse or neglect to build or construct any bridge or 
culvert as herein required, the commissioners constructing the 
same may recover the cost and expenses therefor in a suit against 
said company before any justice of the peace or any court hav¬ 
ing jurisdiction, and reasonable attorney’s fees may be recovered 
as a part of the costs. The proper authorities of any public 
road or railroad shall have the right of appeal the same as pro¬ 
vided for individual land owners. 

45. When work completed—Repairs and maintenance.] § 41. 

After the completion of the work the commissioners shall there¬ 
after keep the same in repair, and if they find by reason of error 


(1) Form of Notice to Railroad Authorities to Build Bridges. 

To the authorities of the - railroad: 

You are hereby notified that a bridge [or culvert] is deemed necessary to 
be made on said railroad [or as the case may be] at [here describe the place] 
for the use [or protection] of the work of a combined system of drainage 
[or, as the case may be], being constructed in the vicinity, under the charge 
and direction of the drainage commissioners of district No. —, in the town 

of -, county of -, State of Illinois, and that you are required, in 

pursuance of the statute in such case made and provided, to build [or con¬ 
struct] such bridge [or culvert] within thirty days. In default thereof, the 
said commissioners will proceed and construct the same at the cost and 
expense of said railway company, as the law provides. 

Given under our hands, this - dav of-, A. D. It). 

Attest: G. H., Clerk. [Signed by the Commisioners.] 

Whenever the proper public authorities either construct a bridge on the line of 
a public road, or accept a bridge there built by others which is used by the public 
the county, township or adjoining townships represented by such authorities must 
Jceep such bridge in repair. 158 Ill. 197, 







Div. hi.]: 


GENERAL DUTIES OF COMMIOSIONERS. 


253 


in locating or constructing the ditches, or any of them, or from 
any other causes the lands of the district are not drained or pro¬ 
tected as contemplated, or some of them receive partial or no 
benefit, they shall use the corporate funds of the district to carry 
out the original purpose to the end that all the lands, so far as 
practicable, shall receive their proper and equal benefits as con¬ 
templated when the lands were classified. If it be necessary to 
clear and enlarge any natural or artificial channels lying be¬ 
yond the boundaries of the district to obtain a proper outlet, 
the commissioners shall use the corporate funds for this purpose, 
and if the necessary privileges can not be obtained for this by 
agreement with the landowners or the commissioners, if the land 
or lands through which such outlet must be made are within an¬ 
other organized district, the commissioners may acquire the same 
by condemnation under the Act for exercising the right of emi¬ 
nent domain: Provided, In all such cases, if sufficient funds are 
not on hand, the commissioners shall make a new tax levy: 
Provided, further, That the commissioners of any drainage dis- 
trict organized under the laws of this State who, to secure a 
proper outlet, have enlarged or improved, or may hereafter en¬ 
large or improve any natural or artificial channel lying beyond 
the boundaries of the district, as provided for in this Section, 
upon lands owned by private individuals, or which may be, or 
hereafter become a part of another organized district, and who 
by such work have or may hereafter benefit the whole or a 
part of such lands, whether the privilege to so enlarge or improve 
was or may be obtained by agreement with the owners of the 
lands or the commissioners, if such lands are a part of another 
organized district, or acquired by condemnation under the Act 
for the exercise of the right of eminent domain, the commission¬ 
ers of the district above who have or may hereafter enlarge or 
improve such natural or artificial channel beyond the boundaries 
of their district, may collect from said land-owner or owners 
or other drainage district or districts, as the case may be, such 
an amount as may be considered a fair compensation for the 
benefits received by the lands lying below the district which has 
or may hereafter extend its work beyond its boundaries to se¬ 
cure a proper outlet as herein provided. The amount represent¬ 
ing such benefits may be fixed by agreement between the com¬ 
missioners of the upper district and the owners of lands lying 
below the upper district, or the commissioners of the lower dis¬ 
trict if the lands are so organized: Provided, That is such agree¬ 
ment can not be made as will be satisfactory to the parties in¬ 
terested, the commissioners of the upper district shall be em¬ 
powered to bring suit in the name of the people of the district 



254 


DRAINAGE. 


[Div. III. 


against the owners of the lands lying below, or the commis¬ 
sioners of the lower district if such lands are organized as a 
drainage district, in the circuit court of the county in which 
such drainage district is organized, to recover such an amount 
as will represent the benefits received by the said lower lands 
or organized district. And if said commissioners are successful 
in such suit the court shall enter a judgment against the owner 
or owners of the lands or the commissioners of such other drain¬ 
age district or districts as the case may be, and the amount of 
such judgment shall be collected by due process of law, and shall 
be a lien upon the lands or drainage district against which the 
judgment has been rendered until paid: And provided, further , 
That where such lands are within another organized district the 
commissioners of the district against whom, as commissioners, 
a judgment may be rendered for benefits accruing to 
lands within the lower district, shall proceed to classify the lands 
within such district and shall raise by special assessment the 
amount of such judgment, which shall be levied upon the lands 
of said district, and when collected be turned over to the treas¬ 
urer of the upper district. [As amended by Act approved May 
10, 1901. In force July 1, 1901. Laws 1901, p. 150. 

46. Rights of land owners—Enlargement of boundaries of 
district—Proceedings.] §42. Nothing in this Act shall be con¬ 
strued to forbid land owners within the district to more com¬ 
pletely drain their lands by using the common drains as outlets 
to lateral drains; and the owners of land outside the drainage dis¬ 
tricts or another drainage district may connect with the ditches 
of the district already made, by the payment of such amount as 
they would have been assessed if originally included in the dis¬ 
trict ; or if such connection shall, by increase of water, require 
an enlargement of the district ditches, then the outside owners 
of land so connecting, or other drainage district, as may be, 
shall pay the costs of such enlargement. If individual land 
owners outside the district shall so connect, they shall be deemed 
to have voluntarily applied to be included in the district, and 
their lands benefited by such drainage shall be treated, classi¬ 
fied, and taxed like other lands within the district. Drainage 
commissioners may, at any time, enlarge the boundaries of their 
districts by attaching new areas of land, which are involved in 
the same system of drainage, and require for outlets the drains 
of the district made or proposed to be made, as the case may 
be, on petition of as great a proportion of the land owners of 
the area to be added as is required for an original district. All 
changes thus made in the district shall be duly noted and shown 
upon the map and recorded in the drainage record. The com- 




Div. HI.] 


GENERAL DUTIES OF COMMISSIONERS. 


255 


missioners shall proceed to classify the lands thus added to the 
district, and such lands shall be classified and assessed or taxed 
with their fair proportion of the costs of the work done or to 
be done in like manner, and upon the same basis as it would 
have been made had the new area been included in the district 
at its organization. [As amended by Act approved June 3, 1889, 
In force July 1, 1889. Laws 1889, p. 118. 

47. Sub-districts—Right of.] § 43. Sub-districts may be 
formed by owners of land in main districts for the purpose of 
local or more minute drainage, in the manner provided in this 
Act for the organization of main districts. Such sub-districts 
shall have the right to use the ditches of the main district for 
outlets or in drainage districts organized or proposed to be organ¬ 
ized which have one or more lateral drains or proposed drains 
which are independent of each other, except as to the main 
drain or outlet, and which do now or will drain separate areas 
within said district, it shall be and may be lawful for the com¬ 
missioners, at their option, to divide the district into as many 
sub-districts as there are separate areas, for the purpose of mak¬ 
ing assessments of benefits for the work to be done in said sub¬ 
district : Provided, The formation of sub-districts on either 
method as above provided shall not operate to release the lands 
in such sub-district from the payment of any assessment or levy 
made prior to such division, nor from any assessment or tax 
levy which may thereafter be made for the completion, main¬ 
tenance or repair of the main work, or for the payment of the 
principal and interest on any indebtedness incurred by the main 
district, nor shall it give such sub-district any claim on the funds 
of the main district for its local use: Provided, further, That 
when sub-districts are organized under this Act, which have one 
or more lateral drains or proposed drains, which are independent 
of each other, except as to the main sub-district ditch or outlet, 
and which do now or will drain separate areas within said sub¬ 
district, it shall be the duty of the commissioners, as provided 
for in this Section, to divide such sub-districts into as many 
minor sub-districts as there are separate areas within such sub¬ 
districts to be drained, for the purpose of making assessments of 
benefits for the local or minute drainage to be done in such 
minor sub-districts. The commissioners in charge of or in con¬ 
trol of sub-districts shall, on making such minor sub-districts, 
proceed to classify the lands therein and make assessments as in 
sub-districts and in main districts, and the funds arising there¬ 
from shall be kept as a separate fund, to be used in such minor 
sub-district, from which it was collected in payment for the local 
or minute drainage within such minor sub-division: And, pro - 




256 


DRAINAGE. 


[Div. Ill. 


vided, further, That the formation of such minor sub-districts as 
herein provided for, shall not operate to release the lands in such 
minor sub-district from the payment of any assessment or levy 
made prior to such division, nor from any assessment or tax 
levy which thereafter may be made, for the completion, main¬ 
tenance or repair of the main outlets or ditches in sub-districts 
or in main districts, or for the payment of the principal and 
interest of any indebtedness incurred by the sub-district or main 
district, nor shall it give such minor sub-district any claim upon 
the funds of the sub-district or the main district for its local 
use. Drainage districts, as organized under this Act, shall be 
known as the first, second or third class. Main districts shall be¬ 
long to the first class. Sub-districts which have for their out¬ 
lets the main district ditches or drains shall belong to the sec¬ 
ond class, and minor sub-districts, as provided for in this Act, 
which have their outlets into the main sub-district ditches or 
drains, shall belong to the third class. Sub-districts, or drain¬ 
age districts, of the second class, which contain not less than five 
(5) sections of land shall upon the filing of a petition signed by 
a majority of the land-owners of said sub-district with the county 
clerk, in favor of the election of a board of commissioners for 
said sub-district, shall proceed at the next succeeding annual 
election of drainage commissioners, to elect such a drainage 
board. The notices of the election of such sub-district commis¬ 
sioners, the time of holding and making returns of the same, and 
the term of office, shall be the same as provided in this Act for 
the election of commissioners in original or main districts, and 
the compensation of such commissioners shall be the same as is 
provided for main districts commissioners. It shall be the duty 
of the main district commissioners to control all matters pertain¬ 
ing to main district drainage and such sub-districts of the second 
class as may be of too small area to be entitled to sub-district 
commissioners, and such sub-districts as may not file a petition 
for the election of sub-district commissioners. Sub-district com¬ 
missioners, as provided for in this Act, shall have charge of and 
control over all matters pertaining to drainage within their re¬ 
spective sub-districts, or district of the second (2nd) class, and 
of drainage within their respective minor sub-districts, or dis¬ 
tricts of the third (3rd) class, as provided for in this Act, except 
such work as belongs exclusively to the main district and classi¬ 
fication and assessments made, within such sub-districts and such 
minor sub-districts on account of the main work. [As amended 
by Act approved May 10, 1901. In force Tuly 1, 1901. Laws 
1901, p. 151.] 




Div. III.]! GENERAL DUTIES OF COMMISSIONERS. 


257 


48. Wilful injury to drain—Penalty—Damages.] § 44. 

Any person who shall wrongfully and purposely fill up, cut, injure, 
destroy, or in any manner impair the usefulness of any drain, 
ditch, or other work constructed, established, or belonging to 
any drainage district for the purpose of drainage or protection 
against overflow, may be fined in any ,sum not exceeding two 
hundred dollars, to be recovered before a justice of the peace in 
the proper county. All complaints under this section shall be 
in the name of the People of the State of Illinois, and all fines, 
when collected, shall be paid over to the proper commissioners, 
to be used for the work so injured; and in addition to these pen¬ 
alties, the person so wrongfully or purposely filling, or in any 
manner impairing the usefulness of any such drain or drains, or 
other work, shall be liable to the commissioners having charge 
thereof for all damages occasioned to such work, and to the own ¬ 
ers and occupants of land for all damages that may result to 
them by such wrongful act, which may be recovered before a 
justice of the peace, if within his jurisdiction, or before any court 
of competent jurisdiction. 1 

49. Damages to drain by animals—Liability of owner.] § 45. 

Whenever an owner or occupant of land in a drainage district 
shall permit animals to pasture in an enclosed field through 
which runs an open ditch, which ditch is a part of a combined 
system of drainage, said owner or occupant shall repair such 
damage to the ditch as may be made by the animals, and if he 
neglects to do so, the commissioners shall make such repairs 
and require the said owner or occupant to pay the amount of 
the expense of such repairs to the treasurer of the district, and 
in case such owner or occupant shall neglect or refuse to pay 
such amount for ten days after such requirement is made in 
writing, then said commissioners shall proceed to collect the same 
by a suit in law in the name of such district before any court 
having jurisdiction. 

( 1 ) Form of Complaint Against Person for Injuring Drain. 

State of Illinois, ] 

- County, f ss ' . 

In the name of the People of the State of Illinois: 

A. B. complains of C. D. that he, the said C. D., on the day of 

_ A D. 19—, wrongfully and purposely filled up [or, as the case may 

be I a’certain drain [or, as the case may be], belonging to drainage district 

No.’ —, of the town of -, in the county aforesaid, constructed for the 

purpose of drainage [or protection] against overflow. 

Subscribed and sworn to before me, this -day of -, A a g 1 * 

L. M.’ 









258 


DRAINAGE. 


[Div. III. 


50. Liability of commissioners for failure to perform duties 
—Penalty.] § 46. For a failure to perform any of the duties im¬ 
posed upon them by the provisions of this Act, the commission¬ 
ers so failing shall individually, upon complaint made under oath 
by any person who has paid a tax for the construction, main¬ 
tenance or repair of such work, be liable to a fine not exceeding 
one hundred dollars ($100), to be recovered in an action in the 
name of the People of the State of Illinois, for the use of the 
district interested, before any justice of the peace of the county, 
and all fines, when collected, shall be paid to the treasurer of the 
district, and be liable to the person injured by such neglect of 
duty, for all the damages resulting to the person complaining. 

51. —Commissioners and treasurer to make annual report.] 

§ 47. The drainage commissioners shall make annual reports of 
their acts and doings as such commissioners and file the same 
with the clerk of their respective districts on or before the first 
day of November of each year, which report shall contain a state¬ 
ment of the kind, character and amount of work performed in 
the district, the cost of the same, the amount of orders issued, 
the amount of orders outstanding and unpaid, and such facts as 
may be of general or special interest or benefit to the land owners 
in the district. It shall also be the duty of the treasurer to make 
annual reports and present the same to the commissioners on or 
before the 30th day of October of each year, which report shall 
contain a statement of all moneys received and from what 
source, and of all moneys paid out, on what account paid, and the 
date, number and amount of all orders paid, and such other facts as 
the commissioners may require, which report shall be by the com¬ 
missioners filed with their report in the clerk’s office, and there¬ 
upon the clerk shall record said report in the drainage record and 
shall also cause the same to be published in some newspaper or 
newspapers in the county or counties in which the district or 
any part thereof lies. 1 


(1) Form of Annual Report of Drainage Commissioners. 

State of Illinois,] 

- County, )■ Drainage District No. —. 

Town of -, J 

The drainage commissioners of district No. —, aforesaid, do make the 

following report of their acts and doings for the year ending on the - 

day of-, A. D. 19—. 

First—The kind and character and amount of work performed in the 
district, is as follows: [here set forth the same.] 

Second—The cost of the work aforesaid is $-. 

Third—The amount of orders issued is $-. 







Div. III.} 


GENERAL DUTIES OF COMMISSIONERS. 


259 


52. District—How dissolved—Assessments.] § 4 When¬ 
ever two-thirds of the owners of lands, owning not less than 
two thirds of all the lands within any drainage district organized 
under this Act, and lying wholly within the limits of a single 
township, shall present a petition in writing subscribed by them 
to the drainage commissioners of said district, asking that the 
organization of such district be dissolved, the said commissioners 
shall, after satisfying themselves that such petition is in due form 
and subscribed by the requisite number of land owners in such 
district and that all indebtedness of such district is paid, or 
funds provided for the payment thereof, and that there is no 
litigation pending against such district, indorse upon such peti¬ 
tion an order dissolving such district; which petition with such 
indorsement shall forthwith be filed with the town clerk of the 
township in which such district is situated, and by him recorded 
in the drainage record of such township, and thereupon such 
organization shall be dissolved; but such dissolution shall not 


Fourth—The amount of orders outstanding and unpaid is. $—;—• 

Fifth— [State such facts as mav be of general and special interest or 
benefit to land owners in the district .] 

Witness our hands this - day of - , A. D. 19—. 

Attest: 

G. H., Clerk. 

S' 5’’ ] Drainage 
G H J C omm l ss ! oners - 

Form of Drainage District Treasurer's Annual Report. 

State of Illinois,] 

- County, j- Drainage District No. —. 

Town of -, J ., 

To the drainage commissioners of district No. —, of the town aforesaid: . 

The following is the annual report of the treasurer of said drainage dis¬ 
trict, ending on the- day of-, A. D. 19—, containing a statement of 

all moneys paid out and on what account paid; the number and amount of 
all orders paid, with such other facts as the commissioners have required. 
1st Statement of all moneys received and from what source._ 


DATE. 

MONEY RECEIVED. 

FROM WHAT SOURCE RECEIVED. 






2nd. Statement of all moneys paid out. 


DATE. 

ON WHAT ACCOUNT PAID. 

NO. OF ORDER. 

AMOUNT. 







- day of-, A. D. 19—. 

G. H., Drainage District Treasurer. 


Witness my hand this 

































260 


DRAINAGE. 


[Div. III. 


prevent said commissioners from proceeding as before to col¬ 
lect any unpaid assessments, or other obligations owing to such 
district, or expending for the use of said district any funds be¬ 
longing to the same, and shall not impair or prevent the col¬ 
lection of any obligation of said district. And, provided, That 
if at any time, not less than one year after the dissolution of 
the organization of any district as herein provided, a like num¬ 
ber of land owners within such district shall, by petition sub¬ 
scribed by them, ask the said commissioners to restore the or¬ 
ganization of such district as it was before such dissolution, the 
commissioners shall, after satisfying themselves that such peti¬ 
tion is in due form and subscribed by the requisite number of 
land owners within such district, indorse upon such petition an 
order restoring such organization, which shall be recorded and 
fortwith filed with the town clerk, and recorded by him in the 
drainage record, and thereafter the organization of such dis¬ 
trict shall be in all respects the same as if it had not been 
dissolved: Provided, that nothing herein contained shall be 
construed to permit any person to obstruct, or in anywise prevent 
the use or proper working of any ditch or drain established in 
any such district, or the enforcement of the penalties for injur¬ 
ing drains. [Added by Act approved June 3, 1889. In force July 
1, 1889. Laws 1889, p. 121. 

UNION DISTRICTS. 

53. Petition, where filed—Powers of clerk and commissioners. 

53. Petition, where filed—Powers of Clerk and Commis¬ 
sioners.] §48. When the lands proposed to be organized into a 
drainage district lie in two towns in the same or in different 
counties, both under township organization, such district shall 

be designated as -Union District No. -, of the towns of 

-, county of-, State of Illinois. The petition shall be 

filed with the clerk of the town in which the greater part of the 
district lies, and such clerk shall select three commissioners 
for said district from the commissioners of highways of the two 
towns, taking a part from each town, to constitute the drainage 
commissioners for the union district, and the clerk shall notify 
each of them of their selection and of the time when they shall 
meet at his office as provided in section twelve (12) of this Act, 
or to meet as provided in section sixteen as the case may be. 
The clerk and commissioners shall have like powers and duties 
as provided for such officers in districts wholly in one town: 







Div. III.] 


SPECIAL DRAINAGE DISTRICTS. 


261 


Provided, however, if such district lies partly in two counties, 
the delinquent tax shall be made separately for such parts as 
lie in each, and be returned to the collector of the proper 
county. 1 


SPECIAL DRAINAGE DISTRICTS. 


54. Special districts—How formed. 

55. Notice of hearing petition. 

56. Hearing petition—Finding—Affidavits—Witnesses. 

57. Proceedings on hearing—Appointment of commissioners—Report— 

Order. 

58. When special district organized—Notice of election. 

59. Election—How conducted—Voter—Oath of commissioners. 

60. District of less than fifteen owners—Appointment of commissioners. 

61. Commissioners to view lands—Survey and estimates. 

62. Procure right of way—When jury assess damages—Venire—Notice 

to owners. 

63. Trial—Challenge—Verdict—Amendments. 

64. Special assesment of benefits. 

65. Maps to be filed—Classification of lands—Notice—Objections. 

66. Appeal to court of record. 

67. Certificate of fund required. 

68. Additional assessment—May borrow money. 

69. May extend indebtedness. 

70. Petition for extension of time of payment. 

71. Bonds to be recorded in a book—Payment to be entered. 

72. Bond to be registered by State Auditor. 

73. Certificate of auditor to county clerk—Clerk make tax list. 

74. State to be custodian of tax—Collect and apply fund. 

75. Commissioners file statement of notes and bonds—Application of 

tax—Levy to meet payment of interest. 

76. County treasurer to be collector and treasurer—Bond. 

77. Assessments—Lien upon land—Foreclosure—Additional remedy. 

78. Compensation of officers—Fees how paid. 

79. Construction of bridge over drain. 


54. Special districts—How formed.] §49. When the pro¬ 
posed district lies in three or more towns in the same or different 
counties, or in a county not under township organization, or 
partly in a county under township organization, and partly in a 
county not under township organization, the petition as provided 
in section 11 shall be presented to the county court of that 
county in which the greater part of the lands of the district shall 


(1) The form of petition for union districts may be substantially the same as 
that heretofore given for drainage districts lying wholly in one township. The 
form of petition and other forms for proceedings In such cases heretofore given, 
may be adopted in forming union districts, by varying the same to suit the occasion. 





262 


DRAINAGE. 


[Div. III. 


lie, and be accompanied by a bond signed by at least three re¬ 
sponsible persons conditioned for the payment of all costs to 
the officers of the court or accruing to other parties by virtue 
of the proceedings in case such district be not established, the 
bond to be approved by the clerk or county judge. Such districts 

when formed shall be known as-special drainage district 

in - county (or counties) and State of Illinois. 

55. Notice of hearing petition.] §50. It shall be the duty 

of the clerk of said court to give notice by posting in at least five 
public places in each township in which said proposed district 
or any part thereof shall lie, also by publishing for three succes¬ 
sive weeks a like notice in some weekly newspaper in said county 
or counties, which said notice shall contain a copy of the petition, 
and state the day of the term of court when such petition and 
all parties interested will be heard. The petition may be heard 
on any day of a probate or common law term of court, not less 
than twenty days from the filing of said petition. The posting 
and first publication of said notices, shall be at least twenty days 
before the hearing of said petition, and it shall be the duty of 
the clerk of said court to mail, at least ten days before the time 
fixed for the hearing of said petition, a copy of such notice to 
each person owning lands in said district, whose name, or post- 
office address, or place of residence is given, and whose name 
does not appear signed to said petition; and the clerk shall, on or 
before the time fixed for such hearing, file the publisher’s certifi¬ 
cate of publication together with his certificate of the mailing of 
such notices, giving the name of each person to whom notice was 
sent, also of the posting of the notices in each township, if the 
same, or any part of said notices, are posted by him, and the 
affidavits of all persons posting such notices, or any of them, 
which certificates and affidavits shall be evidence of the facts 
tnerein stated. 


Form of Notice by Town Clerk Notifying Commissioner of his Selection 
as Drainage Commissioner. 

To A. B., one of the commissioners of highways of the town of -, 

county of -, State of Illinois: 

You are hereby notified that I have selected you to act as one of the 
drainage commissioners of a union district to be organized, comprising 

lands lying in both the town of - and town of -, in the countv 

aforesaid, that a petition was, on the - day of -, A. D. 19 —, filed in 

the office of the town clerk of the town of -, in the county aforesaid, 

praying for the organization of such union district, and that you are required 

to meet at the office of the town clerk, aforesaid, on the - day of-, 

A. D. 19 — , at — o’clock, for the purpose of organizing said union district. 
Given under my hand this - day of - , A. D. 19—. 

L. M., Town Clerk. 














Div. III.] 


SPECIAL DRAINAGE DISTRICTS. 


263 


56. Hearing petition — Finding — Affidavits — Witnesses. ] 

§ 51. It shall be the duty of the said court, at the time set for 
such hearing, to examine said petition, and if the court shall find, 
upon examination, that it is signed and that notice has been given 
as required herein, the court shall so find. The affidavits of three 
(3) credible signers to such petition, that they are acquainted 
with the locality, and that they verily believe that such petition 
is signed as required, shall be taken as prima facie evidence of 
such facts, against all persons owning lands therein, and as con¬ 
clusive evidence against all signers of such petition, of the facts 
therein stated, and that they admit the necessity of organization 
under the provisions of this Act, and for the assessment of bene¬ 
fits and damages hereunder. At such meetings, any other owner 
or owners of land within said district, shall be permitted to place 
his, her or their names on said petition, if they so desire. Any 
person owning land in said district, whose name is not on said 
petition, may, at said time and place, appear and controvert any 
material statements in said petition. And for the purpose of such 
hearing, and of publishing, posting and mailing of notices, the 
court shall have power to examine witnesses produced before it, 
and may continue the hearing from time to time, until all matters 
are heard and determined by the court. 

57. Proceedings on hearing—Appointment of commissioners 
—Report—Order.] §52. Should the court find against the peti¬ 
tioners, it shall enter an order to that effect, and the petition shall 
thereupon be dismissed at the cost of the petitioners; should the 
court find in favor of the petitioners, it shall enter an order to that 
effect, and it shall thereupon be the duty of the court to appoint 
three drainage commissioners for said district, who shall at 
once proceed to the examination of the lands in said proposed dis¬ 
trict; said commissioners shall go upon the lands included in said 
proposed district, and personally examine the same; they shall 
have power to employ a competent civil engineer, if, in their 
opinion, the services of an engineer be necessary, who shall make 
such surveys and estimates as said commissioners may direct, 
and shall, if required by said commissioners, make and returrn to 
them a map, or plat, of his surveys, and a full report of all esti¬ 
mates required of him. Said commissioners shall make out and 
file with the clerk of the court a full report of their acts and do¬ 
ings as such commissioners, together with all maps, plats, sur¬ 
veys and estimates made or caused to be made bv them, or the 
engineer employed by them, and may put into said report any 
recommendation they may deem advisable, which report shall be 
signed by the commissioners, and filed as aforesaid, on or before 




264 


DRAINAGE. 


[Div. Ill 


the time fixed by the court for the hearing to complete the or¬ 
ganization of said district or such further time as the court may 
give for the filing of the same. It shall be the duty of the court 
at the time of the appointment of said commissioners to fix the 
time for the hearing of said commissioners’ report as aforesaid, 
and to complete the organization of said district, and no further 
notice thereof shall be required, and said commissioners shall 
then appear before said court and file their report, with all maps, 
plats, surveys and estimates, if the same has not been previously 
filed in said court. The time fixed by the court for such hear¬ 
ing shall not be more than thirty days subsequent to the date 
of the appointment of said commissioners. At the time fixed 
for the said hearing, if the commissioners have not completed 
their estimates, or for other cause, have not their report com¬ 
pleted, the court may continue the hearing to such further time 
as will enable the commissioners to complete their work and file 
their report and other papers as herein required. At the time 
fixed by the court for the hearing on the report of the commis¬ 
sioners, and to complete the organization of said district, or at 
the time to which such hearing was continued, any owner of 
lands in said proposed district may appear in person or by at¬ 
torney, and persons under guardianship by their guardians, and 
the court shall appoint a guardian ad litem, as in other civil 
proceedings, and be heard upon any and all questions, matters 
and things touching said report, and the organization of said 
district, and the court shall hear the testimony of all witnesses 
then introduced; and if it shall appear to the court that the lands 
included in the proposed district will be benefited for agricultural 
and sanitary purposes, the court shall so find and enter an order 
declaring such district organized, unless the court shall find, 
from the evidence introduced on such hearing, that the cost of 
the proposed work will exceed the benefits to be derived there¬ 
from. In which case the court shall so find, and enter an order 
to that effect, and dismiss the petition: Provided, however, if the 
owners of lands lying in said district, who own in the aggregate 
more than one-half of the land lying therein, still desire the form¬ 
ation of said district and such desire shall be evidenced by a fail¬ 
ure to withdraw their signatures from the petition, the court shall 
enter an order declaring said district organized, and the clerk 
shall enter the same of record, and the district shall thereupon 
be deemed fully organized, and shall be known and designated 

as “The-special drainage district in the county (or counties) 

of- and State of Illinois.” The commissioners shall be the 

corporate authorities thereof, and shall be a body politic and cor¬ 
porate, with like powers as herein conferred upon other drain- 





Div. III.] 


SPECIAL DRAINAGE DISTRICTS. 


265 


age commissioners either by this Act or other laws of this State; 
may sue and be sued, plead and be impleaded in their corporate 
name and capacity, which shall be “The commissioners of the 

-special drainage district in the county (or counties) of-, 

and State of Illinois.” 

58. When special district organized—Notice of Election.] 

§ 53. As soon as a special drainage district has been organized, 
containing fifteen (15) or more land owners, it shall be the duty 
of the county clerk of the county in which the proceedings are 
instituted, who shall be ex-officio clerk of the commissioners of 
said district, to give notice by posting written or printed notices 
in at least five public places in or near said district, that on a 
day and place therein named, and at an hour not later than two 
(2) o’clock p. m., and not less than ten (10) days from the date 
of notice, an election will be held, for the purpose of electing 
three (3) drainage commissioners for said district. 

59. Election—How conducted—Voter—Oath of commis¬ 
sioners.] § 54. In all elections held for the election of drainage 
commissioners, the drainage commissioners then in office shall 
be the judges of election, and in the absence or refusal of any 
of them to act, the voters present may choose a person or persons 
to fill the vacancy or vacancies. The judges shall choose one of 
their number to act as clerk. Every adult owner of land in the 
said district, whether residing within or without said district, 
shall be a voter, and if a resident of the county in which such 
district, or any part thereof lies, eligible to the office of drainage 
commissioner. The election shall close at four o’clock P. M., 
unless the judges of election shall determine to hold the polls 
open longer, but not later than six (6) o’clock P. M., to accom¬ 
modate the voters. At the close of the election, the judges of 
election shall canvass the votes, and the three persons, or so many 
as there are vacancies to be filled, having the highest number of 
votes, shall be declared elected. In case of a tie, the judges, shall 
determine, by lot, who is elected, and they shall also determine, 
by lot, at the first election, their respective terms of office, one of 
whom shall serve for one year, one for two years and one for 
three years, or such parts thereof as may expire upon the election 
of their successors, respectively, at the annual meeting, which 
shall be held each year on the third Tuesday of November, when 
there shall be elected one drainage commissioner, to hold his 
office for three years, and until his successor is chosen and 
qualified. In case of a vacancy in the office, from resignation, 
death, removal or refusal to serve, the commissioners in office 
shall fill the vacancy by appointment, until such vacancy shall be 





266 


DRAINAGE. 


[Div. III. 


filled at an annual election. Within five (5) days after every 
election of drainage commissioners, the judges of election shall 
cause the poll book to be delivered to the county clerk aforesaid, 
with a certificate therein showing the names of those elected 
drainage commissioner, and the terms of each, which poll book 
shall be filed by the clerk, and be evidence of such election; each 
commissioner shall, within ten (10) days after his election or 
appointment, take an oath to faithfully discharge the duties of 
his office as such commissioner, which oath shall be signed by 
him and filed in the office of said clerk. 

60. District of less than fifteen owners—Appointment of 
Commissioners.] § 55. In all special drainage districts contain¬ 
ing less than fifteen (15) land owners, the court, on the organiza¬ 
tion of the district, shall appoint three drainage commissioners, 
who shall not be interested in the lands or work to be accom¬ 
plished, nor of kin to any of the parties interested therein, one 
of whom shall hold his office for one year, one for two years, and 
one for three years, or such parts thereof as may expire upon 
the appointment of his successor; the term of each to be deter¬ 
mined by the court by lot, at the time of such appointment; and 
annually thereafter, on the first day of the December term of the 
county court, the court shall appoint one commissioner for such 
district, who shall hold his office for three years and until his 
successor is appointed and qualified, and the court shall fill by 
appointment all vacancies in the office of commissioner from any 
cause. 

61. Commissioners to view lands—Survey and Estimates.] 

§ 56. The commissioners, as soon as they are elected or ap¬ 
pointed and qualified, shall go upon the land included in said 
drainage district and determine upon a system of drainage, which 
shall provide main outlets of ample capacity for the waters of 
the district, having in view the future contingencies, as well as 
the present. A competent engineer shall be employed to locate 
and advise upon the character of the work to be done, and report 
in writing, with maps, profiles and estimates of cost, and in a 
general way, the benefits to accrue to the lands in the several 
localities of the district. They shall make, or cause to be made, 
a map or plat of the district and of the work to be done therein, 
which map shall show with reasonable certainty, the location of 
the proposed work, and they shall give a name or number to each 
ditch or drain. The maps and papers showing the final determi¬ 
nation, as to the system of drainage, shall be filed in the clerk’s 
office and be recorded in the drainage record. 



Div. III.] 


SPECIAL DRAINAGE DISTRICTS. 


267 


62 . Procure right of way—When jury assess damages—Ve¬ 
nire—Notice to owners.] § 57. The commissioners shall then 
proceed to procure the right of way where they can do so by 
agreement, as provided in section 18 of this Act, which releases 
shall be filed and recorded in the drainage record. Should the 
commissioners be unable to procure the right of way by agree¬ 
ment with the owner or owners of any land on which the work 
may be located, they shall file a petition or statement, in writing, 
with the clerk of the court in which the proceedings are had, re¬ 
questing the court to issue a venire for a jury to assess damages 
for right of way, and which petition or statement shall contain 
a general description of the lands or premises over or through 
which the right of way is sought, and the name of the owner or 
owners thereof, if known, the general course and direction of the 
right of way sought, and the amount of land proposed to be oc¬ 
cupied by the same. On such petition or statement being filed, 
the court shall fix the time for the hearing not less than fifteen 
days from the date the same is filed, and the clerk shall issue a 
venire for a jury of twelve disinterested land-owners to appear 
at the time fixed by the court, which venire shall be delivered to 
the sheriff to execute the same as venires from courts of record. 
It shall also be the duty of the clerk to issue a notice or notices 
to be served upon the owner or owners of the lands over which 
the right of way is thus sought, informing him or them of the 
time and place when said case or cases will be tried, which 
notice may be substantially in the following form: 

“To - You are hereb^ notified that a jury has been called to 

meet before the county judge of the - county of - State of Illi¬ 
nois, at the court house in said county, on the - day of -, A. D. 

19—, at — o’clock —M., for the purpose of assessing damages in the matter 

of the - special drainage district in the county (or counties) of - 

and State of Illinois, when and where you can appear and assert your rights, 
if you desire. 

Which notice shall be signed by the clerk, and attested by his 
seal of office, and may be served by any constable, sheriff or other 
person, by reading the same to the person to whom it is ad¬ 
dressed, or by delivering a copy thereof to such person, or by 
leaving such copy at his usual place of abode, with some person 
of the family of the age of ten years or upwards, and informing 
such person of the contents thereof. The services of said notices 
shall be made at least five days before said hearing. If the serv¬ 
ice be made by an officer, the return shall be made as in other 
cases, but if made by any person not an officer, the return shall 
be made under oath, stating when and in what manner served, 










268 


DRAINAGE. 


[Div. III. 


and for all services there shall be allowed the same fees as for 
services of process in civil cases: Provided , that if any of the 
owner or owners are non-residents or unknown, notice of such 
proceeding shall be given by publication, in some newspaper 
published in said county two successive weeks prior to the time 
of such hearing, which notice shall be substantially in the form 
as above given. Minors and their guardians shall be notified 
the same as other owners. 

63. Trial — Challenge — Verdict — Amendments.] § 58. 

When the jury shall appear, the trial shall be conducted as other 
cases before said court; either party may have the same number 
of challenges, and for the same causes, as in other civil cases 
before said court. And if notice shall not have been given as 
herein provided, or for any other good cause, the court may continue 
the case from time to time, until proper notice has been given, or 
the case is ready for trial. The jury shall hear the evidence of¬ 
fered as to the value of the land proposed to be taken, and all 
damages consequent upon the construction of the proposed work, 
and may go upon the premises at the request of either party, for 
the purpose of viewing them, and they shall return, as their ver¬ 
dict, the amount found, if any, in favor of the owner or owners, 
and against said district, and the court shall enter judgment upon 
the verdict, unless, for good cause shown, the court grants a new 
trial, in which case, a time for such new hearing shall be fixed 
by court, and a new jury shall be empaneled; the judgment shall 
be final and conclusive. Vacancies in the panel of jurors, from 
whatever cause, shall be filled the same as other vacancies in other 
cases, but such vacancies shall be filled by land-owners. The 
owners of different tracts of land, whether they be joint or several 
owners, may be joined in the same petition or statement, and the 
jury shall hear and determine all cases for which the venire was 
issued, except when some one or more of the same have been 
settled, or the proceedings in reference thereto, are determined. 
They shall return in their verdicts the amount allowed, if any, to 
each owner or joint owner, and in case they are unable to agree 
as to any one or more of the cases submitted to them, the court 
shall receive their verdict in the case or cases in which they do 
agree, upon which judgment shall be rendered as hereinbefore 
provided, and a new jury shall be called to hear and determine 
the case or cases in which the former jury failed to agree, and 
the court shall fix the time for such hearing by an order entered 
of record, which shall be conducted and tried as new trials in 
other cases, but may be heard at the same, or a subsequent term 
of the court. The court shall allow amendments to the petition, 




Div. III.] 


SPECIAL DRAINAGE DISTRICTS. 


269 


or other papers or records in the proceedings, at any time before 
rendering judgment. 

64. Special assessment of benefits.] § 59. At the earliest 
practicable day the commissioners shall proceed to make a special 
assessment of benefits, as provided in sections 21 and 22 of this 
act, so that each tract benefited shall bear its proportionate share 
of the entire costs and expenses of such work and proceedings. 

65. Maps to be filed—Classification of lands—Notice—Ob¬ 
jections.] §60. They shall without delay make out and file in 
the office of the clerk of said court the table or map, either or 
both, showing the classification of the lands and premises in said 
district, the names of the owners thereof, if known, and when un¬ 
known stating “unknown,” and they may attach to the same a 
statement of damages allowed, together with any statement or 
explanation they may think proper or necessary to a full under¬ 
standing thereof by all persons. Said commissioners shall fix 
the time, not less than fifteen (15) days from the filing thereof, 
when they will meet to hear any and all objections that may be 
made to their classification, which meeting shall be at the court 
house of the county in which the district was organized, unless 
the commissioners shall, for the convenience of persons inter¬ 
ested, designate some other place; and it shall thereupon be the 
duty of said clerk to issue notice or notices of the time and place 
of such meeting, which notice or notices may be in substance as 
follows: 

"To whom it may concern : You are hereby notified that the commis¬ 
sioners of the - special drainage district, in the county [ or counties, 

as the case may be] of -- and State of Illinois, have filed their classifi¬ 
cation of lands benefited in said district, and that they will, on the - 

day of-—, A. D. 19—, at the hour of — o’clock —M., meet at-, to 

hear any and all objections that may be made to the same, when and where 
you can appear and be heard if you see fit. 

“Dated at-county of -, State of Illinois, this - day of 

-, A. D. 19—.” 

Which notice shall be signed by said clerk, and shall be published 
in some newspaper or newspapers printed or published in the 
county or counties in which the district or any part thereof is 
located, for two successive weeks, the first publication to be at 
least fifteen (15) days prior to the time for such hearing. The 
commissioners or a majority of them shall meet at the time and 
place fixed for the hearing, and shall hear all objections that may 
be urged, by any person interested, to their classification. They 
may adjourn from day to day, or from time to time, as deemed 










270 


DRAINAGE. 


[Div. III. 


necessary, by public announcement, until all objections are heard. 
All persons shall take cognizance of all adjournments without fur¬ 
ther notice. After hearing all objections that may be offered to 
their classification the commissioners shall, if satisfied that any 
injustice has been done, correct the same in accordance with the 
rights and justice of the matter, which corrections or changes, 
if any, may be made on the table or map, and the commissioners 
shall thereupon confirm their classification; but if not so satis¬ 
fied, they shall confirm their classifications as originally made 
and shall make an order to that effect. All orders made by the 
commissioners, either of correction or confirmation, shall be filed 
in said clerk’s office within five days from the completion of the 
hearing, and any person appearing and urging objections who is 
not satisfied with the decision of the commissioners in confirming 
the classification of his lands, may appeal therefrom, within ten 
(10) days after the order of the commissioners is filed in said 
court aforesaid, by filing with the clerk of said court an appeal 
bond with good and sufficient security, to be approved by the 
clerk or judge thereof, payable to said drainage district, condi¬ 
tioned for the payment of such tax as may be levied upon the 
land in question and all costs occasioned by said appeal in case 
said order of said commissioners shall be affirmed. 

66. Appeal to court of record.] §61. When an appeal is 
taken under the preceding section, it shall be taken to the county 
and circuit courts of the county in which the land is situated, as 
provided in sections 24 and 25 of this Act, and the decision ren¬ 
dered by the special jury in the last court of appeals shall be con¬ 
clusive. The classification shall be made in writing and be made 
a part of the court record, and shall also be entered on the drain¬ 
age journal, and shall be the basis for the levy of assessments for 
the purpose of drainage in the class of districts to which such 
lands may belong. [As amended by Act approved May 10, 1901. 
In force July 1, 1901, Laws 1901, p. 152. 

67. Certificate of fund required.] § 62. As soon as the 
classification has been corrected and confirmed by the commis¬ 
sioners or court of appeal, as provided in the preceding section, 
it shall be competent for the commissioners to order such an 
amount of money to be raised by special assessment upon the 
lands of the districts which are benefited as may be necessary, 
according to the best judgment of the commissioners, which 
amount shall be certified and returned by the commissioners to 
the clerk of said court, who shall record the same in the drain¬ 
age record. The certificate may be substantially as follows: 



Div. III.] 


SPECIAL DRAINAGE DISTRICTS. 


273 


“We hereby certify that we require the sum of - dollars, to be 

levied as a special assessment or tax, for drainage purpose, on the lands and 

property benefited in the - special drainage district, in the county [or 

counties] of-and State of Illinois. 

“Given under our hand this- day of -, A. D. 19 —.” 

“Commissioners.” 

Which certificate shall be signed by the commissioners in 
their corporate name. It shall thereupon be the duty of said clerk 
to compute and apportion the amount thus levied among the 
several tracts in the name of the owners, when known, according 
to the acreage of each, and its figure of classification on the 
graduated scale, so that each tract may bear its burden in pro¬ 
portion to benefits. The commissioners shall make out a tax 
list, which shall conform, as near as the facts will admit, to the 
list provided for in Section 26 of this Act, which list shall be 
signed by the commissioners and filed with [by] the clerk 1 
among the records of the drainage district. 

Provided, however, Where the lands of said district lie in two 
or more counties the clerk of the court in which the proceedings 
are had shall forthwith, after the filing thereof, send a copy of 
such list to the circuit court clerk or recorder, as the case may be, 
of the other county or counties in which lands assessed may lie, 
showing the land assessed in such county or counties, and it shall 
be the duty of such circuit court clerk or recorder to file such 
list in a record in his office and properly note or index the fact 
of such levy to each quarter section of land assessed. The fees 
for such certification, recording and indexing shall be the usual 
fees for like service and shall be taxed as costs in such proceeding, 
and when paid shall be distributed to the officers entitled to the 
same, as part of the fees of their respective offices. [As amended 
by Act approved May 10, 1901. In force July 1, 1901. Laws 
1901, p. 152. 

68. Additional assessment—may borrow money.] § 63. 

If at any time the commissioners shall find that the amount of 
such assessment or tax levied will be inadequate to complete the 
proposed work, they shall make such additional levy or levies 
as may be necessary to complete the proposed work, which ad¬ 
ditional levy or levies shall be made on the original classification, 
as herein provided for the first assessment or tax levy and com- 


(1) NOTE.—A separate act, purporting to amend this section by inserting after 
the words “filed by the clerk,” the clause: “and any party against whose land a 
tax has been thus levied, may appeal therefrom to the county court in the sanfie 
time and manner, and on the same grounds, as provided in section 27 of this act;” 
and this was also approved by the governor on the same day. But as this separate 
act fails to identify by its title the section that it purports to amend, it amends 
nothing. 









272 


DRAINAGE. 


[Div. III. 


puted and extended by the clerk in the same manner. Upon any 
levy being made as herein provided, it shall be competent for the 
commissioners to order the tax to be paid in installments of such 
amounts and at such times as will be convenient for the accom¬ 
plishment of the proposed work; otherwise the whole amount of 
such tax shall be payable thirty (30) days after such confirma¬ 
tion, and shall be a lien upon the lands assessed until paid; and 
such taxes shall draw interest at the rate of six (6) per cent per 
annum from the time they shall become payable until they are 
paid, and such interest may be collected and enforced as part 
of the taxes: Provided, however, If in the judgment of the com¬ 
missioners the payment of such tax, or any installment or in¬ 
stallments thereof, for the speedy completion of the proposed 
work, would be too heavy a burden upon the owners and per¬ 
sons interested to pay in time to be used for said work, the com¬ 
missioners may, at any time after the levy has been made, post¬ 
pone the payment of such tax, or any one or more installment or 
installments, or any part thereof, to such time or times as they 
think proper and advisable, but not longer than fifteen (15) years 
from the time of the levy thereof. For the construction of the 
proposed work, or for the continuation and completion of the 
same, where it has been commenced, the commissioners may bor¬ 
row money not exceeding in amount ninety (90) per cent of any 
assessment or levy unpaid at the time of borrowing, and may 
secure the payment of the same by notes or bonds of said district, 
bearing interest not to exceed six (6) per cent per annum. The 
interest may be made payable annually or semi-annually, which 
notes or bonds may be made due or payable at the same or dif¬ 
ferent times, but shall not run beyond one year after the last 
assessment or levy on account of which the money is borrowed 
falls due, which notes or bonds shall not be held to make the 
commissioners personally liable for the money borrowed, but 
shall constitute a lien upon the assessment or assessments, levy 
or levies, on account of which they are issued, for the repayment 
of the principal and interest thereon. On the correction and con¬ 
firmation of said assessment, or levy, it shall be the duty of the 
clerk of said court to record the same, together with all orders of 
the commissioners, in the drainage record, and he shall make a 
certified copy of such tax list, the order of the commissioners 
showing how or when the assessment or tax for benefits is pay¬ 
able, and deliver the same to the treasurer of said district, who 
shall proceed to collect the taxes or installments as they come 
due. [As amended by Act approved May 10, 1901. In force July 
1, 1901. Laws 1901, p. 153. 



Div. III.] 


SPECIAL DRAINAGE DISTRICTS. 


273 


69. May extend indebtedness.] § 64. In any case or cases 
where the drainage commissioners of any special drainage dis¬ 
trict heretofore organized, or that may hereafter be organized, 
under the laws of this State, have, or may, for the purpose of con¬ 
structing or completing the work to such district, issued notes 
or bonds on any assessment or assessments, installment or in¬ 
stallments, the payment of which at maturity would, in the judg¬ 
ment of the commissioners, be an unreasonable burden on the 
owners of lands assessed, said commissioners shall have the right 
and power to fund such notes or bonds, as the case may be, or 
any part thereof, and issue new notes or bonds to the amount of 
the unpaid assessment or assessments, installment or install¬ 
ments, upon which such notes or bonds thus outstanding were 
issued, which new notes or bonds may bear interest not to ex¬ 
ceed six (6) per cent per annum. Said commissioners may ex¬ 
tend the time for the payment of any such assessment or as¬ 
sessments, installment or installments, as the case may be, by an 
order signed by them, and filed with the clerk thereof, to be by 
him recorded in the drainage record, and a certified copy thereof 
to be delivered by said clerk to the treasurer of said district, 
which order shall operate to suspend the time for collecting until 
the time fixed in said order of the assessment or assessments, in¬ 
stallment or installments, named in said order. Such new notes 
or bonds shall not run to exceed one year beyond the time fixed 
for the payment of the assessment or assessments, installment or 
installments, upon which the same is, or are, issued. And the old 
notes or bonds shall be taken up and cancelled by said commis¬ 
sioners immediately upon issuing the new notes or bonds, on the 
same assessment or installment, or any part thereof. The pay¬ 
ment of interest on all notes or bonds shall be provided for, 
collected and paid, as herein provided, for the payment of interest 
in other cases. [As amended by Act approved May 10, 1901. In 
force July 1, 1901. Laws 1901, p. 155. 

70. Petition for extension of time of payment.] § 65. 

Whenever a petition, signed by a majority in number of the 
adult owners of lands assessed for benefits in any special drain¬ 
age district, hereto or hereafter organized under the laws of this 
State, and who own, in the aggregate, at least one-third (%) of 
such land, shall be presented to the drainage commissioners of 
such district, representing that any assessment or tax has been 
made against the lands assessed for benefits, for the purpose of 
constructing the work therein, and that the same has been con¬ 
firmed and is unpaid in whole or in part, and that it would pro¬ 
mote the interest of the land owners in such district, to extend 



274 


DRAINAGE. 


[Div. III. 


the time of the payment thereof, or any part of the same, stating 
what part, and the time or times to which they desire such ex¬ 
tension made, but not to exceed ten (10) years from the time the 
assessment or levy was confirmed, and asking that such exten¬ 
sion be made and that bonds of the district be issued, not exceed¬ 
ing in amount the amount of the assessments, levy, or part there¬ 
of, thus sought to be extended, it shall be the duty of the com¬ 
missioners of such districts to enter an order extending the time 
of the payment thereof, as asked for in said petition, and there¬ 
upon it shall be competent for said commissioners to issue the 
bonds of said district to the amount thus extended, which bonds 
shall bear interest not to exceed six (6) per cent per annum, pay¬ 
able annually or semi-annually, and shall be a lien on the assessment, 
levy, or part thereof, thus expended, and shall not run longer than 
one (1) year beyond the time the same becomes due by such exten¬ 
sion. The petition and order of the commissioners shall be filed 
and recorded in the drainage record, and shall operate to stay the 
collection of the assessment, levy or part thereof thus extended, 
to the time fixed by said commissioners, and shall be sufficient 
authority for the issuing of such bonds by the commissioners of 
such district. No bonds issued under the provisions of this 
Act shall be sold for less than the par value. [As amended by 
Act approved May 10, 1901. In force July 1, 1901. Laws 1901, 
p. 155. 

71. Bonds to be recorded in a book—payment to be en¬ 
tered.] §66. Before issuing any bonds under the provisions of 
this Act the corporate authorities of any district desiring to issue 
bonds shall provide a well bound book, in which a record of all 
bonds issued, with their number, amount, rate of interest, date 
of issue, when due, where payable, amount received for the same 
and the assessment, tax levy, installment or part thereof on ac¬ 
count of which the bonds are issued shall be made, and said book 
shall at all times be open to the inspection of all parties interested 
in said district, either as taxpayers or bond-holders, and on the 
payment of any bond an entry thereof shall be made in said book in 
a proper column for that purpose. 

72. Bond to be registered by State Auditor.] §67. On the 
presentation of any bond, issued under the provisions of this 
Act, at the office of the auditor of public accounts for registration, 
the said auditor shall cause the same to be registered in his 
office in a book to be kept for that purpose. Such registration 
shall show the date, amount, number, date of maturity, rate of 
interest, time when such interest is payable, and place of pay- 



Div. III.l 


SPECIAL DRAINAGE DISTRICTS. 


275 


ment of the principal and interest of such bond; under what Act, 
and by what district issued, and the name of the person or per¬ 
sons presenting the same for registration; and for such registra¬ 
tion the auditor shall be entitled to a fee of twenty-five cents. 
And the auditor shall, under the seal of his office, certify upon 
such bond the fact of such registration, for which the auditor shall 
be entitled to a fee of twenty-five cents, such fees to be paid by 
the person or persons desiring such registration and certificate; 
but no bonds issued under this Act shall be entitled to registra¬ 
tion in the office of the State auditor until a sworn statement by 
the corporate authorities of the district issuing the bond shall 
have been filed with him, showing the date of the organization 
of the district, in what county organized, the time when the as¬ 
sessment levy or part thereof on account of which the bonds are 
issued will become due, and the date, number, amount, rate of 
interest and the date of maturity of the bonds, together with any 
other information in relation thereto, which may be demanded by 
the auditor of public accounts. 

73. Certificate of auditor to county clerk—Clerk make tax 
list.] § 68. When any bonds issued under the provisions of this 
Act shall be so registered, the Auditor of Public Accounts shall 
annually ascertain the amount of interest or interest and prin¬ 
cipal due and accrued, or to accrue for the current year, on all 
such bonds so registered in his office, together with the ordi¬ 
nary cost to the State of the collection and disbursement of the 
same, to be estimated by the Auditor and State Treasurer, and 
shall make out and transmit to the county clerk of the county in 
which said district is organized, a certificate setting forth such 
estimated amount of such particular district for such purposes, 
to be filed in his office and recorded in the drainage record, and the 
amount thereof shall thereupon be deemed added to and a part of 
the amount which may be levied or provided by law within the 
limits of said district for the purposes of State revenue; and 
thereupon it shall be the duty of the clerk of said district to com¬ 
pute and apportion the amount so certified among the several 
tracts and property assessed for benefits in such district, in the 
manner as original levies are computed under this Act, and there¬ 
upon he shall make out a tax list of the lands and property in the 
district, and extend opposite each tract and property its pro rata 
share of the amount so certified by the Auditor, and deliver the 
same to the treasurer of the district. Where the district lies in 
more than one county, the clerk shall make out a separate tax 
list of the lands and property assessed for benefits in each county, 
showing the pro rata share levied against the same separately, and 



276 


DRAINAGE. 


[Div. III. 


deliver the same to the county clerk of the respective counties, and 
the clerk or clerks of the respective counties at the time of making 
up the tax books and extending State taxes shall extend on the tax 
books, for collection, the pro rata share thus levied, and the same 
shall be collected with the State taxes, and all laws of this State 
relating to the State revenue shall apply thereto. 

74. State to be custodian of tax—Collect and apply fund.] 

§ 69. The State shall be deemed the custodian, only, of the tax 
so collected, and shall not be deemed in any manner liable on 
account of such bonds, but the tax and funds so collected shall 
be deemed pledged and appropriated to the payment of the prin¬ 
cipal and interest of the registered bonds to satisfy which the 
same is hereinbefore provided to be collected as aforesaid, and 
such bonds issued under the authority thereof shall be deemed 
secured and provided for in virtue thereof until fully satisfied. 
The State shall annually collect and apply the said fund to the 
satisfaction of the interest, or interest and principal, as the case may 
be, of such registered bonds of any such district, and the interest 
coupons or bonds so paid shall be canceled by the State Treasurer 
and returned to the corporate authorities of the district which 
issued them. 

75. Commissioners file statement of notes and bonds—Ap¬ 
plication of tax—Levy to meet payment of interest.] § 70. It 

shall be the duty of the commissioners of every special drainage 
district heretofore organized under any law of this State, as also 
the commissioners of every such district hereafter organized, to 
file on or before the first day of December of each year, with the 
county clerk of the county in which the district was or may be 
organized, a statement of the date, number and amount of all 
notes or bonds issued by them as such commissioners, and which 
remain unpaid, the time the same will mature, the rate of inter¬ 
est such notes or bonds bear, and the time the interest falls due, 
the amount necessary to be levied on the lands assessed for 
benefits in order to meet the payment of the interest for the en¬ 
suing year; also the amount, if any, necessary to be levied to 
keep the work, or any part thereof, in repair for the year next 
ensuing; also the amount of any deficiency in the payment of in¬ 
terest before accrued, or in the payment for repairs made; and 
the clerk shaall compute the pro rata share which each tract or 
parcel of land or property in said district, assessed for benefits, 
will have have to pay to raise said respective amounts, which 
pro rata share shall be in the same proportion as the assessment 
for the construction of said work, and it shall be the duty of the 
county clerk of the county in which the lands are located to ex- 



Div. III. 1 


SPECIAL DRAINAGE DISTRICTS. 


277 


tend the same on the collector’s books, the same as State, county, 
municipal or other taxes are extended, in appropriate column or 
columns, and in case the lands or property assessed lie in more 
than one county, the county clerk of the county in which the dis¬ 
trict is organized, shall certify to the clerk, or clerks, of such 
other county or counties, a description of the lands or property 
assessed in such other county, and the amount to be extended 
against the same for interest, as also for repairs, either or both, 
and on receiving such certificate the clerk of the proper county 
shall extend the same on the proper collector’s book, in proper 
columns, the same as though the whole proceedings and dis¬ 
trict were in his county. And the amounts so extended shall 
be collected at the same time and in the same manner as other 
taxes on like property, and shall be paid over by the party col¬ 
lecting, to the treasurer of the drainage district in the same time 
and manner as taxes collected are required to be paid to treasur¬ 
ers of municipal corporations. No levy or assessment made by 
the commissioners to meet the payment of interest on the notes 
or bonds of the district unpaid shall be used for any other pur¬ 
pose, but shall be faithfully applied to the payment of such in¬ 
terest as it becomes due: Provided, where the whole or any part of 
the bonds of the district are registered, and the Auditor of Public 
Accounts has levied, as hereinbefore provided, an amount suffi¬ 
cient to meet the payment of the interest on such registered bonds 
as it becomes due, then the commissioners shall make their levy 
so as to meet the payment of the interest on the bonds that are 
not registered. 

76. County treasurer to be collector and treasurer—Bond.] 

§ 71. The county treasurer of the county in which the proceed¬ 
ings for the organization of a special drainage district are com¬ 
menced and district organized, shall be the collector and treasurer 
of such district. He shall give bond to the commissioners in such 
sum as they may fix, not less than double the amount likely to 
come into his hands in any one year, which bond shall be signed 
by two responsible securities, approved by the commissioners 
and filed and recorded in the office of the clerk. Provided, where 
the district lies in two or more counties, the commissioners may 
appoint the county treasurer of either county as treasurer for the 
district. 

77. Assessments—Lien up on land—Foreclosure—Addition¬ 
al remedy.] § 72. Any and all assessments made under any law 
of this State heretofore in force for the organization of special 
drainage districts, as also all assessments or levies hereafter made 



278 


DRAINAGE. 


[Div. III. 


under the provisions of this Act, shall be taken, held and con¬ 
sidered to be a lien upon each and every tract of land or property 
assessed in such district to the extent and amount of the propor¬ 
tionate share assessed or levied against the same, but such land, 
or owner thereof, shall not be liable for more than such propor¬ 
tionate share and the subsequent levy or levies for construction 
and for the payment of interest or repairs, which lien may be dis¬ 
charged on the payment of the amount thereof to the treasurer 
of said district at any times before notes or bonds of the dis¬ 
trict are issued on the assessment. In case the owner or owners 
of any lands lying in said district, and which are assessed, fails 
or neglects to pay any assessment or assessments, installment or 
installments, tax levy or levies, when due, and the same be not 
collected on or before the annual sale of lands for non-payment 
of taxes, the commissioners of such drainage district may file a 
petition in the circuit court of the county in which the land or 
property upon which such assessment, installment or levy has 
not been paid, for a foreclosure of such lien; and the commis¬ 
sioners may proceed in their corporate name and capacity to fore¬ 
close such lien as provided by law. They may also commence 
and maintain suits at law for the recovery of judgment against 
the person or party whose lands or property is assessed for bene¬ 
fits for any assessment or tax, or any part thereof, which re¬ 
mains due and unpaid on the lands and property of such person 
or party. Any judgment so recovered may be enforced and col¬ 
lected as other judgments in the same court. The remedy pro¬ 
vided in this section for the collection of delinquent special as¬ 
sessments or taxes shall not be construed to abridge or in any 
manner interfere with the right and power to enforce collection 
of any delinquent assessment or tax in the manner provided by 
the revenue laws of this State, or other provisions of this Act, 
but the remedy herein provided shall be taken and held as an ad¬ 
ditional means to enforce payment of such delinquent assessment 
or tax. 

78. Compensation of officers—Fees how paid.] § 73. The 

commissioners provided for in this Act shall receive two dollars 
and fifty cents per day for the time actually employed in the dis¬ 
charge of the duties of their office. They shall make out their ac¬ 
count under oath, and in all districts except special drainage dis¬ 
tricts, their account shall be audited and allowed by the board 
of auditors of the town in which the district is organized; and in 
special drainage districts their account shall be presented to and 
allowed by the judge of the court in which the district is organiz¬ 
ed ; and the amount allowed by the board of auditors, or court, 



Div. III.] 


RIVER DISTRICTS. 


279 


as the case may be, shall be paid out of the funds of the district 
for which the services were rendered. The clerk of the com¬ 
missioners shall receive the same fees as is allowed for like serv¬ 
ices in other matters connected with his office. If a civil en¬ 
gineer shall be employed he shall receive not to exceed five ($5) 
dollars per day for the time actually employed. The treasurer 
shall receive for his services such sum as may be fixed by the 
commissioners, not to exceed two per cent, of moneys collected 
by him, and not to exceed one per cent of moneys paid him by 
other collectors or treasurers, and in no case shall the treasurer 
receive to exceed five hundred dollars for his services in any one 
year from any one district. All fees and allowances shall be paid 
out of the funds of the district for which the services were or 
may be rendered. 

79. Construction of bridge over drain.] § 74. There shall 
be constructed at least one bridge or proper passage way over 
each open drain where the same crosses any enclosed field or 
parcel of land, and the cost of construction thereof shall be 
charged as part of the cost of construction of such drain, and 
such bridge, or passage way, shall be maintained by the commis¬ 
sioners from the district funds: Provided, the commissioners may 
contract with owners of land crossed by such drain to maintain such 
bridges or crossing. 


RIVER DISTRICTS. 

80 . Manner of organizing river districts—Powers. 


80. Manner of organizing river districts— Powers.] § 75. 

River districts may be organized in the manner and with like 
powers provided in this Act for forming and conducting the busi¬ 
ness of drainage districts, and the commissioners as the corpor¬ 
ate authorities shall have power to levy special assessments on 
the land and property benefited, for the purpose of straightening, 
enlarging, embanking or otherwise improving the channels of 
rivers or lesser streams for a more free flow of water and protec¬ 
tion from overflow, including the clearing of driftwood from the 
stream and removing drift material from the bank when liable to 
become drift, and railroads and public roads which receive bene¬ 
fits may be included in the assessment for benefits; or the high¬ 
way commissioners of towns interested therein may appropriate 
from the road fund, and the county board may appropriate from 
the county treasury in aid of or wholly to accomplish such 
work, in consideration of the benefit to roads, bridges and the 



280 


DRAINAGE. 


[Div. III. 


public health. The town or county authorities named may order 
surveys and reports with maps, plans and estimates of cost and 
benefits to accrue from the proposed improvement. When such 
works or any of them are a necessary part to the system of drain¬ 
age of any organized drainage district, such works shall be 
deemed as belonging to drainage. 

DISTRICTS BY USER. 

81 . Owners liable for their just proportion for repairs and improve¬ 

ments. 

81. Owners liable for their just proportion for repairs and 
improvements.—When not made voluntary may be made under 
the provisions of this act.] § 76. Where two or more parties 
owning adjoining lands which require a system of combined 
drainage, have by voluntary . action constructed ditches which 
form a continuous line, or line of branches, the several parties 
shall be liable for their just proportion for such repairs and im¬ 
provements as may be needed therefor, the amount to be de¬ 
termined as near as may be on the same principle as if these 
ditches were in an organized district. Whenever such repairs 
and improvements are not made by voluntary agreement, any 
one or more owning parts of such ditch shall be competent to 
petition for the formation of a drainage district to include the 
lands interested in maintaining these ditches. The petitioner or 
petitioners for the formation of such district must show to the 
satisfaction of the court that his or their land is damaged through 
the lack of proper repairs or improvements to said ditch or drain. 
The form of procedure and the conditions heretofore prescribed 
in this Act shall be observed as near as practicable; but the 
ditches shall be taken as a dedication of the right of way, and 
their construction and joining as the consent of the several par¬ 
ties to be united in a drainage district. These ditches, if open, 
shall be made tile drains when practicable. 1 As amended by Act 
approved May 18, 1905. In force July 1, 1905. Laws 1905, p. 19. 

DISTRICT BY MUTUAL AGREEMENT. 

82 . How such districts formed. 

82. How such districts formed.] § 77. Owners of land 
which requires combined drainage may form drainage districts, 
by mutual agreement to include lands of their own only, by an 

(1) Patton v. People, 229 Ill. 512, 



Div. III.] 


REPEALING SECTION. 


281 


instrument of writing duly signed and acknowledged, and re¬ 
corded in the drainage record. This agreement may include the 
location and character of the work to be done; the adjustment 
of damages; the classification, amount of taxes to be levied; how 
the work shall be done, or so much of these or more as may be 
agreed upon, and to this extent shall be as valid as though formed 
in the mode hereinbefore provided, and the powers and duties 
of the commissioners thereafter, shall be the same as prescribed 
for other districts and they shall commence acting at the point 
reached by the aforesaid agreement: Provided, that this agree¬ 
ment may include the selection of three drainage commissioners 
from their own number, or from others, and their terms of office 
shall be until the third Tuesday of the following November, or 
for this term and for one year in addition, as may be agreed at 
the time of their appointment and at the annual meetings there¬ 
after, a majority of the land owners may choose three commis¬ 
sioners to serve one year by signing a certificate to that effect, 
or a majority may, in writing, discontinue the voluntary district, 
and thereafter it shall be under such commissioners as is herein 
provided for other districts of this class. Such writings shall be 
recorded on the drainage record. The powers and duties of the 
commissioners of a district by mutual agreement and the mode and 
effect of special assessment shall be the same as provided for other 
districts. 


REPEALING SECTION. 


83. Repeals. 

83. Repeals.] § 78. This Act is an amendatory revision 
and consolidation of the three following Acts which are hereby 
repealed. 

L_“An Act to provide for the organization of drainage dis¬ 

tricts and to provide for the construction, maintenance and re¬ 
pair of drains and ditches by special assessments on the property 
benefited thereby,” approved May 29, 1879, in force July 1, 1879. 

2.—“An Act to amend § 3, 9, 12, 13, 16, 33, 34, 35, 51, 53, 54, 
55, and 57, and to repeal § 69 of an Act entitled, “An Act for the 
organization of drainage districts and to provide for the con¬ 
struction, maintenance and repair of drains and ditches by special 
assessments on the property benefited thereby, approved May 
29 1879 in force July 1, 1879, and to add three new sections 
amendatory of last said Act to enable lands to be drained and protect¬ 
ed from overflow, to be known as sections 69, 70 and 71.” Approved 
May 24, 1881, in force July 1, 1881. 



282 


DRAINAGE. 


[Div. III. 


3.—“An Act to permit owners of land to construct drains for 
agricultural purposes,” approved June 23, 1883, in force July 1, 
1883. 

The Acts and proceedings done, and rights acquired under 
either of the foregoing Acts if in substantial conformity to 
law shall not be held to be void from merely technical informality 
of proceedings where no substantial rights of persons or prop¬ 
erty are adversely affected; and the same principles shall apply 
to this Act. All drainage districts heretofore organized under any 
one or more of the Acts hereby repealed shall be held and they 
are hereby declared to be legally organized, and the assessments 
made therein shall be held to be legally made. This Act, as well 
as the Acts repealed, shall be liberally construed to promote 
drainage, and the reclaiming of wet and overflowed lands, and 
in the making and collection of assessments and taxes therefor. 
The officers, under the repealed Act, and proceedings begun, 
shall be continued under this Act and shall have and possess all 
the rights, powers and privileges the same and to the same extent 
as though the whole proceedings were commenced and carried 
on under the provisions of this Act, and only affected as to the 
future as herein provided. The following Acts are hereby also 
repealed; saving rights as in this section provided: “An Act 
to amend sections 1, 2, 3, and 5 of an Act entitled, An Act to provide 
for the construction and protection of drains, ditches, levees and 
other works,” approved April 24, 1871, approved April 15, 1875, 
in force July 1, 1875. “An Act to protect by levees lands sub¬ 
ject to overflow and for draining wet or swamp lands and coal 
mines,” approved May 16, 1877, in force July 1, 1877. This Act 
and this repealing section shall not affect other independent 
laws for drainage and levees not herein mentioned, but shall be 
construed as an independent Act, not affecting other independent 
drainage laws except as it is a codification and amended suc¬ 
cessor to the first three Acts mentioned in the repealing section, 
and the special provisions of this Act for their own class of dis¬ 
tricts shall apply only to such districts, but the general pro¬ 
visions applicable to all districts shall apply to all districts pro¬ 
vided for in this Act. 

DRAINS CONSTRUCTED BY LICENSE. 

AN ACT declaring legal drains heretofore or hereafter constructed by 
mutual license, consent or agreement, by adjacent or adjoining 
owners of land, and to limit the time within which such license or 



Div. III.] 


DRAINS CONSTRUCTED BY LICENSE. 


283 


agreement heretofore granted may be withdrawn. [Approved June 4, 

1889. In force July 1, 1889. Laws 1889, p. 116.J 

84. Drains constructed by license—Mutual benefit. 

85. Permission to connect with drain. 

8G. Drains—Filling up—Consent. 

87. Act, how construed—parol license. 

84. Drains constructed by license—mutual benefit.] § 1. 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: That whenever any ditch or drain, either 
open or covered, has been heretofore or shall be hereafter con¬ 
structed by mutual license, consent or agreement of the owner 
or owners of adjoining or adjacent lands, either separately or 
jointly, so as to make a continuous line upon, over or across the 
lands of said several owners, or where the owner or owners of 
adjoining or adjacent land shall hereafter by mutual license, consent 
or agreement, be permitted to connect a drain with another already 
so constructed, or where the owner or owners of the lower lands has 
heretofore or shall hereafter connect a drain to a drain con¬ 
structed by the owner or owners of the upper lands, then such 
drain shall be held to be a drain for the mutual benefit of all 
the lands so interested therein. 

85. Permission to connect with drain.] §2. It shall not 
be lawful for either of the parties interested in said drain to au¬ 
thorize any other person or persons to connect therewith with¬ 
out the consent of all the parties interested in said drain, and 
all drains connecting therewith without such permission shall be 
unlawful, and any person interested may, by bill in chancerv. 
compel the person or persons constructing such unlawful d^~ ; ^ 
to fill the same up, and in addition may have a right of actior. 
for all damages occasioned thereby. 

86. Drains — filling up — consent.] § 3. Whenever drains 
have been or shall be constructed in accordance with this 
none of the parties interested therein shall, without the co«**»* 
of all the parties, fill the same up or in any manner interfere with 
the same so as to obstruct the flow of water therein; and the li¬ 
cense, consent or agreement of the parties herein mentioned, need 
not be in writing, but shall be as valid and binding if in parol as 
if in writing, and may be inferred from the acquiescence of the 
parties in the construction of such drain. 

87. Act, how construed — Parol license.] §4. This Act shall 
not be held to apply to any cause now pending in any court of 
this State, nor deprive any party of the right he may have under 



284 


DRAINAGE. 


[Div. III. 


existing laws to revoke any parol license heretofore granted to 
construct any such drain upon, across or over his lands: Provided, 
such right be exercised and suit commenced to enforce the same 
within one year from the time this Act takes effect, but if not thus 
exercised and suit brought within one year he shall be forever barred 
from thereafter revoking such license. 


DISTRICTS MAY ISSUE BONDS. 

AN ACT authorizing all drainage districts to issue bonds, and providing for 

the registration and payment thereof. [Approved and in force June 

15, 1895. Laws 1895, p. 192.] 

88. Commissioners may issue bonds. 

89. When bonds may issue. 

90. When bonds may be registered. 

91. Duty of auditor—Amount which may be levied. 

92. State shall be custodian of the tax. 

88. Commissioners may issue bonds.] § 1. Be it enacted by 

the People of the State of Illinois, represented in the General As¬ 
sembly. That it shall be lawful for the commissioners of 
each and every drainage district heretofore or hereafter organized 
under any law of this State to issue the bonds of their respective 
districts, to any amount not exceeding ninety (90) per centum of 
the aggregate amount of any assessment theretofore levied upon 
the lands of said district, such bonds to bear interest at a rate 
not exceeding six (6) per centum per annum, payable annually, 
and of such form and tenor as said commissioners shall by reso¬ 
lution provide; but no bonds shall be issued under this section 
until the property owners representing a majority in amount of 
the lands lying in such district shall petition the commissioners 
for the issue thereof. 

89. When bonds may issue.] §2. Before issuing any 
bonds under the provisions of this Act the corporate authorities 
of any district desiring to issue bonds shall provide a well bound 
book in which a record of all bonds issued, with their number, 
amount, rate of interest, date of issue, when due, where payable^ 
amount received for the same, and the assessment, tax levy, in¬ 
stallment, or part thereof, on account of which the bonds' are 
issued shall be made, and said book shall at all times be open 
to the inspection of all parties interested in said district, either as 
taxpayers or bondholders, and on the payment of any bond an 
entry thereof shall be made in said book in proper column for 
that purpose. 



Div. III.] 


DISTRICTS MAY ISSUE BONDS. 


285 


90. When bonds may be registered.] § 3. On the presenta¬ 
tion of any bond issued under the provisions of this Act at the 
office of the Auditor of Public Accounts for registration, the said 
Auditor shall cause the same to be registered in his office in a 
book to be kept for that purpose. Such registration shall show 
the date, amount, number, date of maturity, rate of interest, time 
when such interest is payable, and place of payment of the prin¬ 
cipal and interest of such bond; under what Act and by what dis¬ 
trict issued, and the name of the person or persons presenting 
the same for registration, and for such registration the Auditor 
shall be entitled to a fee of twenty-five (25) cents. And the 
Auditor shall, under the seal of his office, certify upon such bond 
the fact of such registration, for which the Auditor shall be en¬ 
titled to a fee of twenty-five (25) cents, such fees to be paid by 
the person or persons desiring such registration and certificate, 
but no bonds issued under this Act shall be entitled to registra¬ 
tion in the office of the State Auditor until a sworn statement by 
the corporate authorities of the district issuing the bond shall 
have been filed with him, showing the date of the organization of 
the district, in what county organized, the time when the assess¬ 
ment levy or part thereof on account of which the bonds are is¬ 
sued will become due, and the date, number, amount, rate of in¬ 
terest and date of maturity of the bonds, together with any other 
information in relation thereto, which may be demanded by the 
Auditor of Public Accounts. 

91. Duty of auditor—amount which may be levied.] §4. 

When any bonds issued under the provisions of this Act shall 
be so registered, the Auditor of Public Accounts shall annually 
ascertain the amount of interest or interest and principal due 
and accrued, or to accrue for the current year on all such bonds 
so registered in his office, together with the ordinary cost to the 
State of the collection and disbursement of the same, to be es¬ 
timated by the Auditor and State Treasurer, and shall make out 
and transmit to the county clerk of the county in which said 
district is organized, a certificate setting forth such estimated 
amount of such particular district for such purposes, to be filed 
in his office and recorded in the drainage record, and the amount 
thereof shall thereupon be deemed added to and a part of the 
amount which may be levied and provided by law within the 
limits of said district for the purposes of State revenue, and 
thereupon it shall be the duty of the clerk of said district to 
compute and apportion the amount so certified among the sev¬ 
eral tracts and property assessed for benefits in such district, 
in the manner as original levies are computed under this Act, 



1286 


DRAINAGE. 


[Div. III. 


and thereupon he shall make out a .tax list of the lands and prop¬ 
erty in the district, and extend opposite each tract and property 
its pro rata share of the amount so certified by the Auditor, 
and deliver the same to the treasurer of the district. Where the 
district lies in more than one county, the clerk shall make out a 
separate tax list of the lands and property assessed for benefits 
in each county showing the pro rata share levied against the 
same separately, and deliver the same to the county clerk of 
the respective counties, and the clerk or clerks of the respect¬ 
ive counties at the time of making up the tax books and ex¬ 
tending the State taxes shall extend on the tax books for col¬ 
lection the pro rata share thus levied, and the same shall be 
collected with the State taxes and all laws of this State relat¬ 
ing to the State revenue shall apply thereto. 

92. State shall be custodian of the tax.] § 5. The State 
shall be deemed the custodian only of the tax so collected, and 
shall not be deemed in any manner liable on account of such 
bonds, but the tax and funds so collected shall be deemed pledged 
and appropriated to the payment of the principal and interest of 
the registered bonds, to satisfy which the same is hereinbefore 
provided to be collected as aforesaid, and such bonds issued un¬ 
der the authority hereof shall be deemed secured and provided 
for in virtue thereof until fully satisfied. The State shall an¬ 
nually collect and apply the said fund to the satisfaction of the 
interest or interest and principal, as the case may be, of such 
registered bonds of any such district, and the interest coupons 
or bonds so paid shall be canceled by the State Treasurer and 
returned to the corporate authorities of the district which issued 
them. 

Whereas, Many drainage districts desire to avail themselves 
of the benefit of this Act, therefore, an emergency exists, and 
that therefore this Act shall be in force from and after its 
passage. 


ABATEMENT OF ASSESSMENTS. 

AN ACT in relation to the abatement of assessments for benefits in levee 
and drainage districts. [Approved June 15, 1895. In force July 1, 
1895. Laws 1895, p. 161.] 

93. Abating amount of assessments. 

94. What petition shall state—Notice—Who may appear. 

93. Abating amount of assessments.] § 1. Be it enacted 
by the People of the State of Illinois , represented in the General 
Assembly: That the county courts of this State in any county or 



Div. III. | 


ABATEMENT OF ASSESSMENTS. 


287 


counties wherein any such levee or drainage district exists, shall 
have power upon petition of the commissioners of such district 
or districts, or of any land owner of lands located therein, to 
inquire and ascertain whether any assessment or assessments 
for benefits in such district exceed the total amount of all in¬ 
debtedness of such district based upon such assessment or as¬ 
sessments respectively. And in the event that such court shall 
find from the evidence that such assessment or assessments is or 
are in excess of such total amount of outstanding indebtedness 
based thereon, such court shall have power to abate the amount 
of such assessment or assessments so in excess of all such in¬ 
debtedness. 

Provided, however, That no such abatement of assessments 
shall be made whereby any contract of such drainage district for 
the payment of indebtedness based upon such assessments shall 
be impaired. 

94. What petition shall state—Notice—Who may appear.] 

§ 2. Such petition for abatement of assessment shall state the 
total amount of balance of assessment wherefrom abatement is 
sought, and the total amount balance of indebtedness based on 
such assessment and the balance of excess of assessment above 
such balance of indebtedness, and the truth of the facts averred 
in the petition shall be verified by affidavit. Such petition shall 
be filed at least forty days prior to the first day of the term of 
court at which the same is sought to be tried and heard, and no 
hearing, order or decree shall be had or taken thereon until 
publication of notice of the tendency of such petition addressed 
to whom it may concern, stating the object of such petition and 
the subject matter thereof, as herein required to be set forth, 
shall have been published in some public newspaper published 
in the county wherein the matter of such petition is pending, at 
least once in each week and for four successive weeks, the first 
publication thereof being not less than forty days prior to the 
first day of the term of court at which such hearing shall take 
place. Any creditor of said district the owner of any evidence 
of indebtedness based upon such assessment so sought to be 
abated, or any person interested shall have the right to appear 
at the hearing of said petition, and show cause, if any, why the 
abatement or any part thereof petitioned for should not be made. 




288 


DRAINAGE. 


[Div. III. 


COUNTY DITCHES AND DRAINS. 


AN ACT to maintain and improve county ditches heretofore constructed 

to drain certain swamp and overflowed lands. [Approved June 23, 

1883. In force July 1, 1883. Laws 1883, p. 80.] 

95. Public ditches or drains. 

96. Power of county board—Commissioners. 

97. Commissioners—Separate districts. 

98. Classification of districts for taxation. 

99. Classification—Notice—Review. 

100. Meeting to hear objections. 

101. Finding of commissioners. 

102. Appeal from decisions. 

103. Manner of appeal. 

104! Power of board of appeal. 

105. Map—Record—Report. 

106. Drainage—Commissioner—Appointment. 

107. Corporate authority of district—Rate of Tax. 

108. Tax—How Computed—Separate fund. 

109. Contract with other counties. 

110. Purpose of Act. 

95. Public ditches or drains.] § 1. Be it enacted by the 

People of the State of Illinois, represented in the General As¬ 
sembly: That the ditches or drains heretofore made by any 
county, or by any county contracting with an incorporated com¬ 
pany, to drain the swamp and over-flowed lands donated to such 
county by the State, are hereby declared public ditches or drains, 
and may be preserved and improved by the several county boards 
in the counties where these ditches lie, in the manner as pro¬ 
vided in this Act. 

96. Power of county board—Commissioners.] § 2. The 

county board may designate what ditch or ditches shall be re¬ 
paired or improved to secure the purposes for which it was con¬ 
structed ; and when any one or more have been so designated, 
the board shall appoint three suitable persons to be styled dis¬ 
trict commissioners, neither of whom shall have any personal 
interest in the proposed work, and within ten days after being 
notified of their appointment, they shall meet at the office of the 
county clerk, file their acceptance and take the oath required 
of officers by the constitution. 

97. Commissioners—Separate districts.] § 3. They shall 
proceed, soon as practicable, to form drainage districts, to in¬ 
clude in each, all such tracts, divisions and subdivisions of land, 



Div. III.] 


COUNTY DITCHES AND DRAINS. 


289 


being near or more remote from the line of the drain, but which, 
for a thorough system of drainage, will be benefited in the way 
of securing an outlet by the preservation and improvement of 
the ditch or ditches which drain its surplus waters. Separate 
districts shall be formed where the ditches discharge independ¬ 
ently; also on branches of the same water system, where the 
maintenance and improvement of its ditches are clearly inde¬ 
pendent of others; and separate districts may be formed on the 
upper level of a water system where its outlet will secure drain¬ 
age independent of the ditches on the lower level. 

98. Classification of districts for taxation.] §4. When the 
commissioners have laid out a district, they shall give it a name, 
subject to alteration by the county board, and proceed to classify 
the lands within the districts on a graduated scale according to 
the supposd benefits it will receive. The tracts adjudged to re¬ 
ceive most and about equal benefits, shall each be marked one 
hundred (100) on the scale of benefits; and such as will be less 
benefited shall be marked some number less than one hundred, 
denoting its per cent, of benefits. This classification, when made 
and established, shall remain as a basis for taxation, so that each 
tract shall bear its just burdens in raising funds for maintain¬ 
ing and improving the ditches within such district. 

99. Classification—Notice—Review.] § 5. When this clas¬ 
sification is completed, they shall publish for three weeks in some 
one or more newspapers in their county, a notice showing what 
tracts of land are included in the district, how classified on the 
scale of benefits, with owner’s name if known; and they shall 
also post up at least ten notices containing the same items, in 
or contiguous to the district, and these publications and notices 
shall state when and where the commissioners will meet to re¬ 
view their doings, and hear such objections as may be made by 
any aggrieved party. 

100. Meeting to hear objections.] §6. At this meeting 
which may be adjourned if necessary, any person, his agent or 
attorney, owning lands within the district, may object and show 
cause: 

1. That the district should not be formed on the ground 
of impracticability of drainage or that the cost will be greater 
than the benefits. 

2. To the boundaries of the district as including or exclud¬ 
ing certain tracts of lands improperly. 

3. To the classification of lands on the scale of benefits, 
specifying such as are too high or too low. 



290 


DRAINAGE. 


[Div. III. 


101. Finding of commissioners.] § 7. If the commissioners 
find either count in the first paragraph established, they shall 
annul the district and so report to the county board, and all 
further proceedings shall end: Provided, the county board may, 
in their discretion, appoint other commissioners at some subse¬ 
quent time. But if they find for the district, they shall con¬ 
sider the objections under the other heads of boundaries and 
classifications of lands; and they shall make such changes as shall 
seem to them just. They shall publicly announce their decision, 
and file their statement of the same within three days, with the 
county clerk. 

102. Appeal from decisions.] § 8. Any one person or per¬ 
sons owning lands within the district as established, may, within 
five days after the commissioners have reported to the county 
clerk, appeal from the decision of the commissioners, on any 
point objected to at the time of review, by giving a bond, with 
security, to be approved by the county clerk, conditioned to pay 
all costs of the proceedings under the appeal, if the decision of 
the commissioners be in all things sustained. If more than one 
person appeals, they shall all join in the same appeal, though 
their objections may be on different matters. 

103. Manner of appeal.] §9. The appeal shall be ad¬ 
dressed to the county clerk, stating the cause of the appeal. In 
counties under the township organization, the county clerk shall 
summon three supervisors, who shall not be owners of land in 
the proposed district, nor otherwise interested, to try the appeal. 
In counties not under township organization, the appeal board 
shall consist of the county judge, assessor and county clerk, who 
shall be duly notified by the county clerk; and he shall give at 
least three days’ notice to one or more of the appellants when and 
where the appeal will be heard. If any of the last named board 
are excluded by reason of interest, it shall pass successively to 
the sheriff and coroner. 

104. Power of board of appeal.] § 10. The board of appeal 
shall have the same power and jurisdiction as the commissioners 
on the questions involved in the appeal. They may annul the 
district, change the boundaries, or alter the numbers placed on 
the scale of benefits, if these or any of them were the subjects 
named in the appeal. They shall hear proofs and allegations, 
may themselves go upon the ground and investigate, and when 
they shall have concluded, they shall file their decision with the 
clerk of the county. If it be to annul the district, no further 
proceedings shall be had, except it shall be again instituted by 
the county board. If the district be not annulled, and the pro- 




Div. III.] 


COUNTY DITCHES AND DRAINS. 


291 


ceedings of the commissioners be reversed or approved, wholly 
or in part, they shall so report to the county clerk, and their 
decision on the matters submitted, shall be final and conclusive. 

105. Map—Record—Report.] §11. After the district shall 
have been fully established, by reason of no appeal from the 
decision of the commissioners, or by the action of the board 
of appeal, the commissioner shall cause to be made a map of the 
district, showing each tract of land included, with the figures 
showing the classification on the scale of benefits, and the own¬ 
er’s name, if known, marked on each tract. A copy of this map 
shall be filed in the office of the county clerk, and in the office 
of each town clerk, whose town is wholly or in part included 
in the drainage district. They shall also cause to be recorded in the 
recorder’s office, an instrument of writing, setting forth all the 
material facts of the case, including a description of the tracts 
of land composing the district, the number on the scale of bene¬ 
fits, and the owners’ names so far as known, belonging to each 
tract. The commissioners shall also make a full and detailed re¬ 
port of the case to the county board, who shall spread the same 
upon their records. 

106. Drainage—Commissioner—Appointment.] § 12. When¬ 
ever one or more drainage districts have been established, as 
herein provided, the county board shall appoint some suitable 
person drainage commissioner, who shall have such charge, per¬ 
form such duties and execute such lawful orders, as the board 
may from time to time devolve upon him; and he shall hold his 
Oifice two years, unless sooner removed by the board, in which 
case the board shall appoint his successor. 

107. Corporate authority of district—Rate of tax.] § 13. 
The county board shall be the corporate authority of the several 
drainage districts of their respective counties organized under 
this Act, and may, in its discretion, levy special assessments to 
procure funds for the use of such districts, but no levy for any 
one year shall exceed a sum which will produce a tax of more 
than one dollar on each acre of the several tracts marked one 
hundred on the scale of benefits, and such other proportional 
amount less than one dollar an acre on the several tracts as 
graduated on that scale. 

108. Tax—How computed—Separate fund.] § 14. The tax 
shall be computed for each tract according to its acreage and 
classification on the scale of benefits, and the tax shall be set 
down in a separate column on the tax books against each tract 



292 


DRAINAGE. 


[Div. III. 


composing a part of the district to be taxed, and the money shall 
be collected by the collector of taxes in like manner of other 
taxes, and, if not paid, it shall be treated as other delinquent 
taxes, and remain a lien upon the land until paid. The money 
when collected, shall be paid into the county treasury and kept 
as a separate fund for the use of its proper district, to be drawn 
upon by order of the county board. 

109. Contract with other counties.] § 15. The county 
board, by itself or through such agencies as it may institute, 
may contract with other counties, or with the corporate authori¬ 
ties of other drainage districts, organized under this Act, or 
under other laws of this State, to connect ditches, or act other¬ 
wise, in concert or jointly, where a combined system of drain¬ 
age shall be found to be necessary or expedient. 

110. Purpose of Act.] § 16. The purpose of this Act, is to 
secure ample and permanent main channels of drainage for their 
respective districts, so that all owners of land within the district 
shall have the facilities of thorough drainage of their lands, and 
therefore each shall have free connection with the public ditches 
for that purpose, and, by consent of parties, drain over the land 
of others to reach the outlet; and where more perfect drainage 
is desired than is provided for by this Act, owners of land in 
any part of a district may organize under other drainage laws 
as freely and completely as though not included in a county dis¬ 
trict, and such district or sub-district, shall have free use of the 
public or county ditches for outlets to their drains. 

DISSOLUTION OF DRAINAGE DISTRICTS. 

AN ACT to provide for the dissolution of drainage districts. [Approved 

June 4 , 1889 . In force July 1 , 1889 . Laws 1889 , p. 117 .] 

111. District—How dissolved. 

112. Sale of property of dissolved district. 

111. District—How dissolved.] § 1. Be it enacted by the 
People of the State of Illinois , represented in the General Assembly: 
That any drainage district may be dissolved by the order of the 
County Court of the county wherein the same is organized upon 
a hearing had upon a verified petition praying such dissolution, 
signed by not less than four-fifths of the adult land owners of 
such district, who own in the aggregate not less than three- 
fourths in area of the assessed land thereof, when it shall be de¬ 
termined by the court that not less than six weeks’ notice of such 



Div. III.] DISSOLUTION OF DRAINAGE DISTRICTS. 


293 


hearing has been given by posting notices in six of the most public 
places of the district sought to be dissolved, and by the in¬ 
sertion in a weekly newspaper of such county for six successive 
weeks next prior to such hearing, and that no indebtedness of 
such district exists and the costs of dissolution have been ad¬ 
vanced: Provided, the waterways and other improvements of 
dissolved districts shall be and remain for the common use of 
and improvements by the land owners of said district so dis¬ 
solved. 1 

112. Sale of property of dissolved district.] §2. If such 
dissolved district owns any property, either real or personal, it 
shall be sold by an order of the County Court directed to the 
Master in Chancery of said county, whose duty it shall be to 
advertise and sell such property in manner otherwise provided 
by law; and the proceeds of such sale, after the costs are paid, 
shall be turned over to the county treasurer, who shall use the 
same to pay any indebtedness of such dissolved district. 


PROTECTION, MAINTENANCE AND REPAIRS OF DRAINS AND 

DITCHES. 

AN ACT in relation to the construction, reparation and protection of 
drains, ditches and levees across the land _ of others for agricultural, 
sanitary and mining purposes, and to provide for the organization of 
drainage districts. [Approved and in force May 29, 1879. Approved 
June 7, 1897. In force July 1 , 1897. Laws 1897, p. 206.] 

113. To require all persons owning land to clean stream. 

114. Penalty for failure to comply with above Section. 

113. To require all persons owning land to clean streams.] 

§ 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: That all persons owning land in this 
State shall clean annually any and all brush, trees, logs and other 
impediments to the flow of water in the bed of any stream, how¬ 
ever small, and extending from the top of one bank to the top 


(1) Petition for Dissolution of Drainage District. 

State o^Illinois, j. sg 

To the Honorable the Judge of the County Court of said county: . 

The undersigned, being four-fifths of the adult land owners in drain¬ 
age district No. -, and owning three-fourths of in area of all the 

assessed lands therein, respectfully petition for the dissolution of said 
drainage district. . n 1(1 

Dated this-day of-, A. D. 19—. 









294 


DRAINAGE. 


[Div. Ill, 


of opposite bank of any such stream, as far as any such stream 
shall run or border the land of any owner, and when any stream 
shall run between the lands of two or more owners, each party 
shall clean his part of such stream: Provided, That streams or 
runs less than fifteen feet wide, and the rivers of this State, shall 
not be included herein, and this Act shall not interfere with 
fencing, flood-gates, bridges, culverts, etc., etc. 

114. Penalty for failure to comply with above section.] § 2. 

In case of failure to comply with the above section of this Act, 
the tax assessor shall, when he assesses the land of any such 
owner, inquire whether or not section one of this Act has been 
complied with by any such land owner, and if such land owner 
has failed to have complied with the requirements of this Act 
by the first day of May of each year, the assessor shall note 
the fact on the assessment book opposite the land of such owner, 
and the county clerk is hereby required to extend ten dollars 
drainage tax against each forty-acre tract or fraction thereof, as 
a penalty for such failure, and five dollars on each such tract shall 
be added each successive year, and extended by such clerk on 
the tax books until this Act shall be complied with by each land 
owner or owners, said money to be collected as other taxes, and 
paid into the school fund of the town wherein the land is, and 
used in the school district where the land is situated. 

In case of failure to comply with the above section of this 
Act, the person or persons so failing, shall be liable for all dam¬ 
ages occasioned thereby to the person or persons, corporation 
or municipality injured thereby, to be recovered in any of the 
courts of this State having competent jurisdiction thereof. 

FOR AGRICULTURAL AND SANITARY PURPOSES. 

AN ACT to repeal an Act entitled, “An Act to amend Sections 76 and 89a 
of an Act entitled, ‘An Act to provide for drainage for agricultural 
and sanitary purposes and to repeal certain Acts therein named,” * ap¬ 
proved June 27, 1885, in force July 1 , 1885, as amended by Act approved 
June 21, 1895, in force July 1, 1895; approved June 10, 1897, in force 
July 1 , 1897, and to re-enact said Section 76 and to legalize proceedings 
had and drainage districts organized under said Section 76. [Approved 
May 10, 1901. In force July 1 , 1901. Laws 1901, p. 162.] 

115 . Repeals certain sections. 

116. Certain actions legalized. 

115. Repeals certain sections.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General As¬ 
sembly: That an Act entitled, “An Act to amend Sections 76 




Div. III.] PUMPING PLANTS—CONSTRUCTION, ETC 


295 


and 89a of an Act entitled, ‘An Act to provide for drainage for 
agricultural and sanitary purposes and to repeal certain Acts therein 
named,” approved June 27, 1885, in force July 1, 1885, as amended 
by Act approved June 21, 1895, in force July 1, 1895, approved 
June 10, 1897, in force July 1, 1897, be, and the same is hereby 
repealed. 

116. Certain actions legalized.] § 2. That whereas, by the 
the said Act it was intended to amend Sections 2 and 15a of the 
said Act intended to be amended, but through inadvertency refer¬ 
ence was made to the section numbers of Chapter 42, Hurd’s Re¬ 
vised Statutes, instead of to the section numbers of the Act itself, 
all actions had and all drainage districts formed under said Section 
76 of the said Act, being the section in reference to districts by 
users, be, and the same are hereby, legalized and made legal. 

If H7, §1; 1J118, §2; If 119, §3. Repealed. See ff 124, § 5, 
post. Laws 1913, p. 299. 

PUMPING PLANTS—CONSTRUCTION, MAINTENANCE 
AND OPERATION 

AN ACT to provide for constructing pumping plants and maintaining the 
same in operation, in drainage and levee districts and special drainage 
districts heretofore or hereafter organized, and to legalize and validate 
former proceedings, assessments, bond issues, indebtedness, and expendi¬ 
tures in regard to, or on account of the erection, maintenance and opera¬ 
tion of pumping plants, and to repeal an Act therein named. [Approved 
and in force June 27, 1913. Laws 1913, p. 299.] 

120. Pumping plants in districts having combined system of drains— 

petition to county court. 

121. Notice of hearing on petition. 

122. Hearing on petition—acquisition of right of way—special assess¬ 

ment—apportionment for maintenance. 

123. Validation of former proceedings. 

124. Repeals Act of 1905—rights saved. 

125. Emergency. 

120. Pumping plants in districts having combined system 
of drains—Petition to county court.] § 1. Be it enacted by the 
People of the State of Illinois , represented in the General Assembly: 
That in all drainage and levee districts, and special drainage dis¬ 
tricts, heretofore organized, or to be hereafter organized, under 
any law of this State authorizing a combined system of drains, 



296 


DRAINAGE. 


[Div. III. 


ditches, and levees, it shall be lawful to construct and maintain in 
operation as a part of the drains or ditches of such district one 
or more pumping plants, whenever the flow of the water in any of 
such drains or ditches is, or will be, obstructed by the erection of 
any levee, or levees, now built, or to be built, as a part of the work 
of improvement of said district, and it is deemed necessary for the 
disposition of the surface water, seepage or rainfall in such district 
to maintain the flow of the water in such drains or ditches by elevat¬ 
ing it over or forcing it through such obstructing levee or levees; 
such pumping plant or plants to be constructed and maintained in op¬ 
eration out of the funds raised, or to be raised, by special assessment 
on the lands of said district to be benefited thereby in the manner 
provided by law for assessing benefits, and as a part of the drainage 
and levee work of said district; and to be done upon the order of the 
county court of the county in which the district, or the major part 
thereof, is located; such order to be entered, if in the judgment of 
the court upon the hearing of any petition presented therefor, as 
hereinafter directed, it shall appear to the court to be for the best 
interest of said district and of the owners of land therein, that such 
pumping plant or plants be constructed and maintained in operation 
in said district as a part of the drainage system thereof. In dis¬ 
tricts hereafter organized it shall be sufficient to include in the peti¬ 
tion for the organization of such district a general description of 
such pumping plant or plants, together with the other proposed work, 
as is now provided by law. In all such districts heretofore organ¬ 
ized (or in districts hereafter organized in which the original peti¬ 
tion for organization does not include a pumping plant as a part of 
the drainage system of said district) the court may order the con¬ 
struction of such pumping plant or plants, together with such ad¬ 
ditional work as may be needed, when petitioned therefor by a 
majority of the owners of land within said district who are of lawful 
age and represent at least one-third in area of such lands or on the 
petition of one-third of such land owners who represent the major 
portion of the area of said lands, or on the petition of the commis¬ 
sioners of said district, accompanied by an itemized statement of 
accounts made by the commissioners, under oath, showing the 
moneys received by the district and the manner in which the same 
has been expended, together with plans, plats, profiles and specifica¬ 
tions of such proposed pumping plant or plants (and such other ad¬ 
ditional work, if any) together with an estimate of the cost of con¬ 
structing the same, and also an estimate of the amounts necessary to 




Div. III.] PUMPING PLANTS—CONSTRUCTION, ETC. 


297 


be annually raised to keep the other work in repair and to maintain 
said pumping plant or plants in operation. 

121. Notice of hearing on petition.] § 2. Upon said peti¬ 
tion being filed the clerk of said court shall cause three weeks’ 
notice of the presentation and filing thereof addressed, '‘To all 
persons interested,” to be given in the same manner in all respects 
as provided in section 3 of an Act entitled, “An Act to provide 
for the construction, reparation and protection of drains, ditches 
and levees across the lands of others for agricultural, sanitary and 
mining purposes, and to provide for the organization of drainage 
districts,” approved and in force May 29, 1879, as subsequently 
amended, except that instead of a more particular description it 
shall be sufficient for said notice to contain a general description of 
the proposed pumping plant, or plants, and other work proposed in 
said petition. 

122. Hearing on petition—Acquisition of right of way— 
Special assessment—Apportionment for maintenance.] §3. Upon 
such hearing the petitioners and any person interested may ap¬ 
pear and be heard in favor of, or in opposition to, said petition, and 
shall have the same right of appeal as in cases arising under sec¬ 
tion 16 of said Act of May 29, 1879. In case the prayer of the peti¬ 
tion is granted the court shall find and determine from the evidence 
the total amount necessary to be raised annually to maintain such 
pumping plant or plants in operation, as a part of the drainage 
system of said district; and thereafter the commissioners shall ac¬ 
quire the land and right of way for such pumping plant, or plants, 
and other work, as now provided by law, and a special assessment 
shall be made on the lands of said district to be benefited thereby 
for the construction of such pumping plant, or plants, and other 
work, if any, in the manner provided by the Act under which such 
district is organized, in cases of original assessments, except that 
the commissioners and jury shall apportion the amount so found 
by the court as necessary to be raised annually to maintain such 
pumping plant or plants in operation among the several tracts of 
land of said district in proportion to the amount each will be bene¬ 
fited by maintaining such pumping plant or plants in operation, and 
such proportionate amount may be in addition to any limitations now 
imposed by law upon the “annual amount of benefits” to be col- 




298 


DRAINAGE. 


[Div. III. 


lected from such tract for keeping the other work of said district 
in repair, but shall be included therewith and be collected at the 
same time and in the same manner. 

123. Validation of former proceedings.] § 4. That all pro¬ 
ceedings, assessments, bond issues, indebtedness, and expenditures 
heretofore had, made, or incurred in regard to or on account of the 
erection, maintenance and operation of pumping plants in any dis¬ 
trict organized under any law of this State be and the same is hereby 
declared to be in all respects legal and valid. 

124. Repeals Act of 1905—Rights saved.] § 5. Be it fur¬ 
ther enacted, that an Act entitled, “An Act to amend section 1 of 
the Act entitled, ‘An Act to provide for the erection, maintenance 
and operation of pumping plants in certain drainage and levee dis¬ 
tricts, and to legalize and validate former proceedings, bond issues, 
indebtedness and expenditures in regard to, or on account of, or 
with a view to the erection, maintenance and operation of such pump¬ 
ing plants,’ approved and in force May 13, 1905, as amended by 
an Act approved May 20, 1907, in force July 1, 1907,” approved 
June 7, 1911, in force July 1, 1911, be and the same is hereby re¬ 
pealed, saving and reserving, however, any rights that may have 
heretofore accrued thereunder. 

125. Emergency.] § 6. And Whereas, A number of drain¬ 
age districts in this State are now without power to construct and 
maintain in operation pumping plants; therefore, an emergency 
exists, and this Act shall take effect and be in force from and after 
its passage. 

CERTAIN DISTRICTS AUTHORIZED TO ACQUIRE, MAINTAIN 

AND OPERATE DREDGE BOATS FOR THE CONSTRUC¬ 
TION AND PRESERVATION OF DRAINS 
DITCHES AND LEVEES. 

AN ACT to authorize certain drainage and levee districts to acquire, main¬ 
tain and operate dredge boats for the construction and preservation of 
drains, ditches and levees. [Approved and in force May 16, 1905 Laws 
1905, p. 195.] 

126 . When commissioners may own and maintain dredge boats. 

127. Emergency. 

126. When Commissioners may own and maintain dredge 
boats.] § 1 .Be it enacted by the People of the State of Illinois 
represented in the General Assembly: That whenever the drain¬ 
age commissioners of any drainage and levee district, heretofore 
or hereafter organized under an act entitled, “An Act to revise 



Div. III.] ASSESSMENT IN DRAINAGE DISTRICTS. 


299 


and amend an Act and certain sections thereof, entitled, ‘An Act 
to provide for the construction, reparation and protection of 
drains, ditches and levees, across the lands of others, for agri¬ 
cultural, sanitary and mining purposes, and to provide for the 
organization of drainage districts,’ approved and in force May 29, 
1879, as amended by certain Acts herein entitled, to repeal certain 
laws therein named.” Approved June 30, 1885, in force July 1, 
1885, shall deem it necessary for such district to own, maintain 
and operate one or more dredge boats for the construction and 
preservation of its drains, ditches and levees, they may, with the 
approval thereof by the county court in the county in which the 
district or any part thereof is located, purchase or build and 
maintain and operate one or more dredge boats for the purposes 
aforesaid and pay for the same out of any funds of said district 
arising from any special assessments, heretofore levied, for the 
construction and maintenance of the system of drains, ditches 
and levees of such district. 

127. Emergency.] § 2. Whereas, An emergency exists, 
therefore this Act shall take effect and be in force from and after 
its passage. 

PAYMENT OF ASSESSMENTS IN DRAINAGE DISTRICTS. 

AN ACT to extend the time and provide for the payment of assessments 

of benefits in drainage districts. [Approved and in force May 22, 1885. 

Laws 1885, p. 74.] 

128. Petition—What it contains—Time and place of hearing. 

129. Notice of filing petition. 

130. Evidence in support of petition. 

131. Hearing—Consent pf owners of bonds—Order—Effect of, on 

assessment. 

132. Commissioners may borrow money—Issue bonds, etc. 

133. —Assessment roll—Lien—Notice—Release. 

134. Emergency. 

128. Petition—What it contains—Time and place of hear¬ 
ing.] § 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly: That whenever a petition 
signed by a majority in number of the adult owners of lands lying in 
any drainage district, or drainage and levee district, organized 
under any law of this State, shall be filed with the clerk of the 
county court, or any justice of the peace, or town clerk, having 
custody of the records of such district, representing that an 
assessment of benefits has been made against the lands in such 



300 


DRAINAGE. 


[Div. III. 


district for the construction of the proposed drains and works 
of such district and confirmed as required by law, and is unpaid 
in whole or in part, and that it would promote the interest of 
the land owners in such district to extend the time for the pay¬ 
ment of such assessments to a time named in the petition, or 
have the same made payable in installments at such time or 
times and amounts mentioned in the petition, or to issue bonds 
not exceeding in principal and interest the amount of said as¬ 
sessments or any installment thereof, it shall be the duty of the 
clerk of the county court, justice of the peace or town clerk to 
fix the time and place for the hearing of said petition, which 
shall be not less than fifteen days from the filing thereof, and 
the time fixed by the clerk of the county court may be on any 
day of a probate or common law term of said court. 

129. Notice of filing petition.] § 2. Upon the presentation 
of such petition the clerk of the county court, justice of the 
peace, or town clerk, shall give at least two weeks’ notice ad¬ 
dressed “To all persons interested” of the filing of such petition; 
and that the same is in relation to the time and manner of pay¬ 
ing the assessments in said district, and when and where said peti¬ 
tion will be heard, by posting notices in six of the most public 
places in such district, and by publishing a like notice in some 
newspaper published in the county in which said district or a 
greater part of the land thereof is situated. Affidavit of such 
posting and publication or the certificate of the clerk, justice 
of the peace or town clerk, that such notice was given shall 
be sufficient evidence thereof. 

130. Evidence in support of petition.] § 3. The affidavit of 
two or more persons who are signers of such petition, or any 
two commissioners of said district, stating that they have ex¬ 
amined the same and that they believe that said petition is 
signed by a majority of the adult owners of the land in such dis¬ 
trict, and that the matters and things alleged in said petition 
are true, shall be prima facie evidence of such facts, or other 
evidence may be heard by the court in support of the petition, 
at which time any other adult owner of land in said district may 
sign said petition. 

131. Hearing—Consent of owners of bonds—Order—Effect 
of, on assessment.] § 4. On the day fixed in said notice, the 
court, justice of the peace or drainage commissioners, if the 
proceedings of the district are with the town clerk, shall examine 
said petition, and if it is determined from the evidence, that 
the same is signed by a majority of the adult owners of the 



Div. III.] ASSESSMENT IN DRAINAGE DISTRICTS. 


301 


lands assessed in such district, the court, justice of the peace 
or commissioners, shall make a written record of such findings, 
and if the holders or holders of all bonds, if any, issued by said 
district which are a lien .upon such assessment appear and enter 
their consent in writing thereto, the court, justice of the peace 
or commissioners shall also enter of record an order granting 
the prayer of said petition according to the allegations thereof, 
and the owners of lands assessed in such district shall pay their 
respective assessments according to such order together with 
interest thereon at the rate of six per cent per annum from the 
time the same became due under the prior order. And such 
finding shall stand in lieu of any other prior order of the court, 
justice of the peace or commissioners, in relation to the time 
of payment of such assessments, and all proceedings to enforce 
the collection of such assessment of benefits under any such prior 
order shall be stayed. Upon a certified copy of the findings 
under such petition being presented to the county collector, 
treasurer or collector of such district, he shall stay all proceed¬ 
ings to collect any assessments under such prior order, and the 
collection of said assessments under the order made in pursu¬ 
ance of said petition shall be enforced in the manner now pro¬ 
vided by the law under which such district was organized or 
other laws in force. 

132. Commissioners may borrow money—Issue bonds, etc.] 

§ 5. The commissioners of such district may borrow money to 
an amount of principal and interest, not exceeding ninety per 
cent of the amount of assessments unpaid at the time of bor¬ 
rowing, for the construction of the proposed work in said dis¬ 
trict, and for the payment of any indebtedness they may have 
lawfully incurred, and may secure the same by bonds bearing 
interest at the rate of not exceeding six per cent per annum, and 
not running beyond one year after the last assessment, or in¬ 
stallment of assessments on account of which money is bor¬ 
rowed shall fall due, which bonds shall constitute a lien upon 
the assessment for the payment of the principal and interest 
thereof, or such bonds may be issued to the amount of any 
one installment not exceeding ninety (90) per cent thereof, and 
constitute a lien on such installment alone, falling due in one 
year after such installment becomes due, but such installment 
shall be particularly designated in such bond. No irregularity 
in the proceedings either before or after the organization of the 
district or in the assessment of benefits, or in the extension of 
the time for the payment of the same, shall in any manner affect 




302 


DRAINAGE. 


[Div. III. 


the validity of the bonds or coupons issued in pursuance of this 
Act. 


133. Assessment roll—Lien—Notice—Release.] § 6. The 
assessment roll of any district, when recorded in the recorder’s 
office of the county in which the lands are situated, shall consti¬ 
tute a lien on the lands assessed, from the time of filing until 
paid. The proceedings of the county court shall be a sufficient 
notice of such lien upon the land situated in the county in which 
the proceedings are had, and such proceedings shall be a lien 
until such assessments are paid. When an assessment against 
any tract of land has been fully paid, it shall be the duty of the 
treasurer of such district to sign and deliver to the owner of 
such land, a release in full, which shall discharge such owner 
from all further liability to pay the same. The release may be 
recordered in the recorder’s office of the county where such lands 
are situated. 

134. Emergency.] §7. Whereas, the corporate authorities 
of many drainage districts organized under the laws of this 
State have ordered the assessments of such districts to be paid 
in such manner as to become unnecessarily burdensome to the 
owners of lands therein; therefore, an emergency exists, and 
this Act shall take effect and be in force from and after its 
passage. 


MONEY TO BE REFUNDED. 

AN ACT to provide for the refunding of moneys levied and collected under 
and by virtue of “An Act to provide for the construction and protec¬ 
tion of drains, ditches, levees and other works,” approved April 24, 1871, 
in force July 1 , 1871, and to provide for the recovery of the same by 
action. [Approved and in force May 14, 1879.] 

135. Taxes to be refunded. 

136. Refusal to refund. 

137. Emergency. 

135. Taxes to be refunded.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That all taxes or assessments that may have been levied 
and collected under and by virtue of the provisions of an Act 
entitled “An Act to provide for the construction and protection 
of drains, ditches, levees and other works,” approved April 24, 
1871, in force July 1, 1871, that have not been expended as pro¬ 
vided therein, and that yet remain in the hands of the county 



Div. III.] 


MONEY TO BE REFUNDED. 


303 


collectors, drainage commissioners, town collectors or other 
officers who may have collected the same by virtue of said Act, 
shall refund the several amounts yet unexpended pursuant to 
the terms of said Act, to the respective parties from whom the 
same may have been collected. 

136. Refusal to refund.] § 2. That upon the refusal of any 
such officers to refund moneys remaining in their hands, as re¬ 
quired by section one (1) of this Act, the parties entitled to 
the same may recover the amount due them by either an action 
of debt or assumpsit, or may sue such officers on their official 
bonds. 

137. Emergency.] § 3. Whereas, an emergency exists, 
therefore this Act shall take effect and be in force from and after 
its passage. 


TO LEGALIZE DRAINAGE DISTRICTS AND ASSESSMENT OF 

BENEFITS. 


AN ACT to legalize drainage districts organized in pursuance of the Act 
therein named, and to legalize the assessment of benefits in such dis¬ 
tricts. [Approved May 24, 1881. In force July 1, 1881. Laws 1881, 

p. 86.] 

138. Legalizing Districts. 

139. Legalizing and remitting assessments. 

138. Legalizing Districts.] § 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly: 
That in all cases of the organization of drainage districts, under 
the provision of an Act entitled “An Act to provide for the con¬ 
struction, reparation, and protection of drains, ditches and levees 
across the lands of others, for agricultural, sanitary and mining 
purposes, and to provide for the organization of drainage dis¬ 
tricts,approved and in force May 29, 1879, where by order of 
the court to whom the petition for such organization was pre¬ 
sented, the boundaries of such district have been changed so as 
to deviate from the description set forth in said petition, such 
districts shall be held to have been and to be legally organized 
and to be drainage districts, with boundaries as defined in said 
orders, for all purposes contemplated in said Act and the Act 
of the’thirty-second (32d) general assembly amendatory thereof. 

139. Legalizing and remitting assessments.] §2. That in 

any drainage district organized as aforesaid, wherein the jury 



304 


DRAINAGE. 


[Div. III. 


have assessed the full amount of benefits against each tract of 
land of such district found by them to be liable to assessment for 
benefits, instead of assessing against each tract its proportionate 
share of the estimated cost of the work, and expenses of the pro¬ 
ceeding, as provided in section eighteen (18) of ‘said Act, so 
much of such assessment as exceeds the estimated cost of the 
work and expenses of the proceeding is hereby remitted, and 
the said assessment is hereby legalized as to the proportion there¬ 
of not remitted as aforesaid, and to that extent shall be deemed 
and held to be a valid assessment to all intents and purposes, 
and each tract of land subject thereto to the extent of its pro¬ 
portion thereof: Provided, in any case of appeal from any such as¬ 
sessment now pending, the persons prosecuting the same shall not be 
precluded from procuring such reduction of the amount assessed 
against him or her, as they might have procured if such assessment 
had been made upon a correct basis. 


LEGALIZING DRAINAGE DISTRICTS. 


AN ACT to legalize drainage districts organized in pursuance of the Act here¬ 
inafter mentioned, and to legalize the assessments or benefits in such 
districts and certain sales made in pursuance thereof, and to authorize 
drainage districts to purchase lands at certain sales for delinquent 
special assessments. [Approved and in force May 29, 1883. Laws 
1883, p. 78.] 

140. Certain districts legalized. 

141. Certain special assessments legalized. 

142. Drainage district may purchase at sale—Rights of as purchaser. 

143. Emergency. 

140. Certain districts legalized.] § 1. Be it enacted by the 
People'of the State of Illinois, represented in the General Assembly: 
That all drainage districts organized under the provisions 
of an Act of the General Assembly, entitled “An Act to provide 
for the construction, reparation and protection of drains, ditches, 
and levees across the lands of others, for agricultural, sanitary 
and mining purposes, and to provide for the organization of 
drainage districts, 1 ” approved and in force May 29, 1879, for the 
repair and maintenance of any levee or levees constructed under 
any law of the State of Illinois, passed prior to the first day of 
January, 1879, be and the same are hereby legalized, and all 
such districts shall be held to have been and to be legally organ¬ 
ized under the laws of the State. 




Div. III.] 


LEGALIZE DRAINAGE DISTRICTS. 


305 


141. Certain special assessments legalized.] §2. That all 
special assessments made in any drainage district organized as 
aforesaid, and under the Act of the General Assembly afore¬ 
said, for the repair and maintenance of any levee or levees con¬ 
structed as aforesaid, be and the same are hereby in all things 
legalized; and all such assessments, whether made to repair any 
such levee or levees, or to keep the same in repair and meet 
the annual expenses of keeping said levee or levees in repair, 
shall be held and construed to have been legally and regularly 
made and assessed. 

142. Drainage district may purchase at sale—Rights of as 
purchaser.] § 3. When a return to the county collector has 
been made, or shall hereafter be made, of any real estate located 
in any drainage district established onder the Act of the General 
Assembly named in the first section of this Act, delinquent for 
any special assessment or annual installment thereof, or any 
annual assessment levied by any drainage district pursuant to 
law, which assessment or installment thereof, or annual assess¬ 
ment is required by law to be included in the advertisement and 
notice of application for judgment for State and county taxes, 
and when any such return, advertisement and notice shall be 
followed by a sale of such delinquent real estate for the col¬ 
lection in whole or in part of any such assessment, installment 
thereof or annual assessment returned as aforesaid, the drain¬ 
age district in which such real estate is situate may become the 
purchaser at such sale, and may designate and appoint some 
officer or person to attend and bid at such sale in its behalf: 
Provided, the county collector shall not be required to make 
demand for the payment of any such special assessment, install¬ 
ment thereof or annual assessment after the same has been re¬ 
turned to him: and provided also, it shall not be necessary for 
any drainage district which has become the purchaser at any 
such sale to protect the same from subsequent forfeiture and 
sale as required of purchasers in section 211 of the revenue laws 
of the State; and all such sales of delinquent lands heretofore 
made under the Act aforesaid, where any drainage district has 
become the purchaser, are hereby legalized and declared valid 
sales. 

143. Emergency.] § 4. Whereas, some question exists as 
to the regularity and legality of the organization of certain drain¬ 
age districts, and certain assessments made under the Act of the 
General Assembly aforesaid, therefore an emergency exists, and 
this Act shall be in force from and after its passage. 



306 


DRAINAGE. 


[Div. III. 


LEVEES. 

AN ACT to enable the commissioners of drainage districts to contract 
with railroad companies to construct or keep in repair any levee or 
levees now constructed or to be hereafter constructed in such districts, 
and to grant to such railroad companies a right of way over, on, along 
or across such levees. [Approved June 5, 1889. In force July 1, 1889. 
Laws 1889, p. 124.] 

144. Drainage commissioners may contract with railroad comoanies 

and grant right of way. 

144. Drainage commissioners may contract with railroad 
companies and grant right of way.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That the commissioners of all drainage districts which have been 
heretofore or may be hereafter legally organized under and by 
virtue of any and all laws of this State, shall by and with the 
consent and approval of the county court of the county where¬ 
in the greater part of any such district may lie, have, in addi¬ 
tion to the powers now conferred upon such commissioners, 
the legal right and power, to contract with any legally organ¬ 
ized railroad company or companies to construct or keep in re¬ 
pair or to construct and keep in repair the whole or any portion 
of any levee or levees now constructed or which may hereafter 
be constructed in any such district, upon such terms as shall be 
for the best interests of such district; and for such purpose said 
commissioners shall have the power to pledge or pay to such 
railroad company or companies the whole or any portion of the 
revenues of such district; and for such purpose, the said com¬ 
missioners shall have the further power to grant to such rail¬ 
road company or companies the right of way for the construc¬ 
tion and operation of a railroad or railroads over, on, along or 
across such levee or levees. 

DRAINS, DITCHES AND LEVEES FOR AGRICULTURAL, SANITARY 
AND MINING PURPOSES. 

AN ACT to provide for the construction, reparation and protection of 
drains, ditches and levees, across the lands of others, for agricultural, 
sanitary and mining purposes, and to provide for the organization of 
drainage districts. [Approved and in force May 29, 1879. Laws 1879, 
p. 120.] 

145. Drainage districts. 

146. Organizing drainage district—Petition—Proceedings. 

147. Notice of filing petition—Affidavit—Publication. 



Div. I'll.] 


DRAINS, DITCHES AND LEVEES. 


307 


148. 

149. 

150. 

151. 

152. 

153. 

154. 

155. 

156. 

157. 

158. 

159. 

160. 
161. 
162. 

163. 

164. 

165. 

166. 

167. 

168. 

169. 

170. 

171. 

172. 

173. 

174. 

175. 

176. 

177. 

178. 

179. 

180. 
181. 
182. 

183. 

184. 

185. 

186. 
187. 


188. 

189. 

190. 

191. 

192. 

193. 

194. 

195. 

196. 

197. 


Jurisdiction of county court. 

Hearing—Finding of court—Petition. 

Proceedings since May 20, 1907 declared valid. 

Official oath. 

Commissioners—Chairman—Secretary. 

Quorum. 

Commissioners to examine land—Report. 

Dismissal of proceedings. 

Surveys—Profiles, etc. 

Alteration of plans—Boundaries—Assessment of benefits. 

Filing Re >ort—Hearing—Confirmation. 

Confirmation—Review—Modification. 

Referring report—Adjournment. 

Order of confirmation—Appeals—Validity. 

Commissioners to acquire right of way—Roll of assessments of 
benefits and damages. 

Filing of roll of assessments—Hearing before jury. 

Organization of jury—Examination of lands—Verdict—Confirma¬ 
tion—Judgment. 

Assessment for repairs. 

Assessment for benefits. 

Correction of assessment. [Repealed.] 

Hearing objections—Corrections. [Repealed.] 

Proceedings on hearing. [Repealed.] 

Confirmation and approval. [Repealed.] 

Apoeal bond. [Repealed.] 

Trial on appeal. [Repealed.] 

Correction of assessment roll—Confirmation of assessment— 
Appeal, etc. [Repealed.] 

Payment of assessment of benefits in installments. 

Annual amount of benefits due and payable on the 1st day of 
September annually—Borrowing money—Interest 
Certified copy of assessment delivered to (Commissioners. 
Commissioners to have power to contract in the corporate name 
of district. 

Treasurer—Bond. 

Duties—Term of office—Compensation for services. 

Interest on installments. 

Bond of commissioners. 

Notice of assessment. 

Delinquent assessment—Collector. 

Act to be liberally construed. 

Payment before sale. 

Letting contracts—Commissioners to advertise for bids. 

Suits, money to be used under direction of court—Additional 
assessments. 

Commissioners may borrow money. 

Payment of damae-es. 

Removal of commissioners—Vacancies. 

Commissioners’ report to court. 

Pay of Commissioners and Clerk. 

Petition to be relieved of assessment. 

Commissioners may petition for abandonment before contract let. 
Entry upon lands. 

Drainage and levy districts may be taken, etc. 

Assessment book—Drainage record. 



308 


DRAINAGE. 


[Div. III. 


198. Proceedings where costs do not exceed $2,000. 

199. Proceedings before justice. 

200. Refusal of commissioner to perform duty. 

201. No second tax—upper ditch benefited by lower ditch. 

202. When district empties its waters into ditch or lower district—pro¬ 

ceedings. 

203. Assessment of benefits—appointment of commissioners. 

204. Assessments—how made. 

205. Corporate authorities assessed for benefits and damages—proceed¬ 

ings. 

206. Commissioners to give notice to railroad company to construct or 

enlarge bridge or culvert, etc. 

207. Meaning of the word “ditch”—what Act includes. 

208. Assessing lands benefited outside of district—proceedings. 

209. Constructing additional ditches—proceedings. 

210. Repeal. 

211. Emergency. 

212. When assessment invalid as to one or more tracts—proceedings. 

213. Proceedings to make assessments valid. 

214. Appointment of commissioners. 

215. Commissioners’ oath. 

216. Bonds—how attested—certified statement thereon. 

217. When question of organizing drainage district may be submitted to 

vote—election. 

218. Penalty for injuring drain. 

219. Liable for damages for injuring drain. 

220. Act construed. 

221. Repeal. 

222. Emergency. 

223. Drainage districts under this Act declared legally organized. 

224. Credit on assessment for work. 

225. How commissioners may sell or lease land. 

226. Real estate—when and how sold. 

227. To what this Act applies. 

228. Repeal—rights saved. 

229. Drainage districts formed by mutual agreement—commissioners. 

230. Repeal. 

231. Emergency. 

145. Drainage districts.] § 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly: That 
drainage districts may be organized and established as hereinafter 
provided. 




Div. III.] 


DRAINS, DITCHES AND LEVEES. 


309 


146. Organizing drainage district—Petition—Proceedings.] 

§ 2. Whenever a majority of the owners of lands within a district 
proposed to be organized, who shall have arrived at lawful age and 
who represent one-third in area of said land, or wherever one-third 
of the owners of lands within a district proposed to be organized 
who shall have arrived at lawful age and who represent a major 
portion in area of the said lands, desire to construct a drain or 
drains, ditch or ditches, levee or levees, or other work to be known 
in this Act as a “drainage and levee district” or “drainage and levee 
work,” across the lands of others, for agricultural, sanitary or min¬ 
ing purposes, or to maintain and keep in repair any such drain or 
drains, ditch or ditches, levee or levees, heretofore constructed un¬ 
der any law of this State, or to establish in said district a combined 
system of drainage or protection from overflow, independent of 
levees, for agricultural, sanitary or mining purposes and maintain 
the same by special assessments upon the property benefited thereby, 
such owners may file in the county court of any county in which 
the greater part of the lands so proposed to be organized into a 
drainage district, shall lie, a petition signed by the requisite number 
of land owners owning the required area as in this section provided 
within said district proposed to be organized as aforesaid, setting 
forth the proposed name of the said drainage district, the necessity 
of the same, with a description of the proposed starting points, 
routes and termini of the work and a general description of the 
lands proposed to be affected, with the names of the owners, when 
known, and if the purpose of said owners is the repair and main¬ 
tenance of a ditch or ditches, levee or levees, or other work, hereto¬ 
fore constructed under any law of this State, said petition shall give 
a general description of the same, with any particulars as may be 
deemed important and may pray for the organization of a drain¬ 
age district, by the name and boundaries proposed for the appoint¬ 
ment of commissioners under this Act. [As amended by Act 
approved and in force June 27, 1913. Laws 1913, p. 261. 

147. Notice of filing petition—Affidavit—Publication.] § 3. 

Such petition being filed, the clerk of said county court shall cause 
three (3) weeks’ notice of the presentation and filing of such peti- 



310 


DRAINAGE. 


[Div. III. 


tion to be given, addressed “to all persons interested” by posting 
notices thereof at the door of the court-house of the county or 
counties in which the district is situated, and in at least ten (10) 
of the most public places in such proposed district, and also by 
publishing a copy thereof at least once a week, for three successive 
weeks, in some newspaper or newspapers published in the county 
from which the larger part of said district is proposed to be formed. 
Such notice shall state when and in what court said petition was 
and is filed; the starting point, route, termini and general description 
of the proposed work; the boundaries and name of the proposed 
drainage district, and at what term of the said court the petitioners 
will ask a hearing of said petition: Provided, that it shall not in¬ 
validate said notice if no description of drains or ditches is given 
therein. If any of the land owners of said district are non-residents 
of the county or counties in which the proposed district will lie, 
the petition shall be accompanied by an affidavit, giving the names 
and places of residence of such non-residents, if known, and if 
unknown, stating that, upon diligent inquiry, their places of resi¬ 
dence cannot be ascertained; and the clerk shall send a copy of 
the notice aforesaid to each of said non-residents, whose residence 
is known, within three (3) days after the first publication of the 
same. The certificate of the clerk, or the affidavit of any other 
creditable person, affixed to a copy of said notice, shall be sufficient 
evidence of the posting, mailing and publication of said notices. 
[As amended by Act approved June 30, 1885. In force July 1, 1885. 
Laws 1885, p. 111. 

148. Jurisdiction of County Court.] § 4. The county court 
in which said petition shall be filed may hear the petition at any 
probate or common law term, and may determine all matters 
pertaining thereto, and all subsequent proceedings of the district 
when organized under this Act, and may adjourn the hearing 
from time to time, or continue the case for want of sufficient 
notice, or other good cause. The court, upon application 
of the petitioners, shall permit the petition, affidavit and orders 
to be amended, and no petitioner shall have the right to 
withdraw from said petition, except by the consent of the ma- 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


311 


jority of the other petitioners thereon, or where it shall be 
shown to the satisfaction of the court that the signature of the 
petitioner was obtained by fraud or misrepresentation. [As 
amended by Act approved and in force May 20, 1907. Laws 
1907, p. 274. 

149. Hearing—Finding of Court—Petition.] § 5. On the 
hearing of any petition filed under the provisions of this chapter, 
all parties through or upon whose land any of the proposed work 
may be constructed, or whose lands may be damaged or bene¬ 
fited thereby, may appear and contest the necessity or utility 
of the proposed work, or any part thereof, and the contestants 
and petitioners may offer any competent evidence in regard 
thereto. It shall be the duty of the court to hear and determine 
whether or not the said petition contains the signatures of a 
majority of the owners of lands within said proposed district 
who are of lawful age, and who represent one-third in area of 
the lands proposed to be affected by such work, or that the said 
petition is signed by one-third (%) of the owners of lands in 
said proposed district who have arrived at lawful age and who 
represent a major portion in area of the lands proposed to be 
reclaimed or benefited, and the affidavit of any three (3) or more 
of the signers of said petition, that they have examined said 
petition and are acquainted with the locality of said district, 
and that the said petition is signed by a majority of such own¬ 
ers, who are of lawful age, who represent at least one-third in 
area of the lands proposed to be affected by such work, or that 
said petition is signed by one-third (%) of the owners of lands 
in said proposed district who have arrived at lawful age and who 
represent a major portion in area of the lands proposed to be 
reclaimed or benefited, may be taken by the court as prima facie 
evidence of the facts stated therein; or the oath or affirmation 
before said court, or the affidavit of any person, properly taken 
and certified by any person or court authorized to take acknowl¬ 
edgments of deeds to real estate, in this State, giving the age of 
such party, and his or her ownership of lands, to be named in 
such oath, affirmation or affidavit, by proper description, shall 
be sufficient evidence to the court of such facts: Provided, that 
all deeds made for the purpose of establishing or defeating the 
prayer of said petition, not made in good faith and for a valu¬ 
able consideration, shall be taken and held to be in fraud of the 
provisions of this Act, and the holders thereof shall not be con¬ 
sidered as owners thereof. If the court, after hearing any and 
all competent evidence, that may be offered before it for and 



312 


DRAINAGE. 


[Div. III. 


against the said petition, shall find the same has not been signed 
as hereinbefore required, the said petition shall be dismissed at 
the cost of the petitioners; but if the court shall find that the 
petition has been signed, as heretofore provided, the court shall 
so find, and such finding shall be conclusive upon the land 
owners of such district that they have assented to and accepted 
the provisions of this Act; and if it shall further appear to the 
court that the proposed drain or drains, ditch or ditches, levee 
or other works, is or are necessary or will be useful for the drain¬ 
age of the lands proposed to be drained thereby, for agricul¬ 
tural, sanitary or mining purposes, the court shall so find, and 
appoint three (3) competent persons as commissioners, each of 
whom shall hold his office until his successor is appointed, as 
hereinafter provided, to lay out and construct such proposed 
work. In case the lands to be drained or levied shall be situ¬ 
ated in different counties, not more than two (2) of the com¬ 
missioners shall be chosen from any one of such counties. If 
the court shall find against the petitioners, the petition shall be 
dismissed at the cost of the petitioners. [As amended by Act 
approved and in force May 29, 1909. Laws 1909, p. 182. 

150. Proceedings since May 20, 1907, declared valid.] § 5a. 

In any case, or cases, wherein any petition has been filed, or 
proceedings been had, for the organization of a drainage and 
levee district since the 20th day of May, A. D., 1907, wherein the pe¬ 
tition was signed by one-third, only, of the owners of lands to 
be affected, who had arrived at lawful age, and who represented 
a major portion of the lands to be affected, and the court in 
which such proceedings were had so found and proceeded to 
appoint commissioners, the proceedings so had and orders 
thereupon made, if the same be in other respects valid and suffi¬ 
cient, shall be deemed, held and esteemed to all intents 
valid and sufficient as though this Act had been at the time 
and times, respectively, in full force and effect. [As amended 
by Act approved and in force May 29, 1909. Laws 1909, p. 182. 

151. Commissioners—Official oath.] §6. Before enter¬ 
ing upon the duties of their office, such commissioners shall 
take and subscribe to an oath to faithfully discharge the duties 
of their office without favor or partiality, and to render a true 
account of their doings to the court, by which they are ap¬ 
pointed, whenever required by law or order of the court, which 
oath shall be filed with the clerk. [As amended by Act ap¬ 
proved June 30, 1885. In force July 1, 1885. Laws 1885, p. 113. 

152. Chairman—Secretary.] § 7. They shall elect one of 
their number chairman, and may elect one of their number as 




Div. I'll.] 


DRAINS, DITCHES AND LEVEES. 


313 


secretary. [As amended by Act approved June 30, 1885. In 
force July 1, 1885. Laws 1885, p. 113. 

153. Quorum.] § 8. A majority of the commissioners shall 
constitute a quorum and a concurrence of a majority of their 
number in any matter within their duties shall be sufficient. 
I As amended by Act approved June 30, 1885. In force July 1, 
1885. Laws 1885, p. 113. 

154. —Commissioners to examine land—Report.] §9. Im¬ 
mediately after their appointment the commissioners shall ex¬ 
amine all the land proposed to be drained or protected and the 
lands over or upon which the work is proposed to be constructed, 
and determine: 

First—If drainage and levee work is proposed in the peti¬ 
tion, whether the starting point, route and terminus of the pro¬ 
posed work and the proposed location thereof is or are in all 
respects proper and feasible; and if not, what is or are so. 

Second—The probable cost of the work mentioned in the 
petition, including all incidental expenses, and the cost of the 
proceedings therefor. 

Third—The probable annual cost of keeping the same in 
repair after the work is completed. 

Fourth—What lands will be injured by the proposed work, 
and the probable aggregate amount of all damages such lands 
will sustain by reason of the laying out and construction of 
such work. 

Fifth—What lands will be benefited by the construction of 
the proposed work, and whether the aggregate amount of bene¬ 
fits will equal or exceed the cost of constructing such work, in¬ 
cluding all incidental expenses, costs of proceedings and 
damages. 

Sixth—Whether the proposed district, as set out in the 
petition filed, will embrace all the lands that may be damaged 
or benefited by the proposed work; and if not, to report what 
additional lands will be so affected. 

Seventh—In case the prayer of the petition is for the pur¬ 
pose of repairing and maintaining a levee or levees, ditch or 
ditches, heretofore constructed under any law of this State, it 
shall be the duty of the commissioners to examine the said 
levee or levees, ditch or ditches, and the lands intended to be 
reclaimed thereby, and to report to the court— 

First—Whether, in their opinion, said levee or levees, ditch 
or ditches, can with proper repairs be made sufficient to pro¬ 
tect permanently said lands from overflow from high water, or 
to drain the same. 



314 


DRAINAGE. 


[Div. III. 


Second—The probable annual expense of keeping the same 
in such repair. 

Third—What lands will be benefited thereby, and the prob¬ 
able aggregate amount of such benefits. 

Fourth—Whether the aggregate annual amount of bene¬ 
fits will equal or exceed the annual cost of such repairs, includ¬ 
ing all incidental expense and costs of proceeding; and, 

Fifth—Whether the proposed district will embrace all the 
lands that may be benefited by the maintenance of such levee or 
ditch, or combined system of drainage; and if not, to report 
what additional lands will be so affected, giving a description 
and the names of the owners thereof, which report shall be filed 
with the clerk of said court. [As amended by Act approved 
and in force May 29, 1909. Laws 1909, p. 182. 

155. Dismissal of proceedings.] § 10. If the commission¬ 
ers shall find that such costs, expenses and damages are more 
than equal to the benefits which may inure to the lands in gen¬ 
eral of said district, by reason of the proposed work, they shall 
so report, and the proceedings shall be dismissed at the cost of 
the petitioners. 

156. Surveys—Profiles, etc.] § 11. If the commissioners 
shall find that the proposed work, or such portion of the same 
as will be satisfactory to the petitioners, and work of a like 
nature on lands they propose to annex to said district, can be 
done at a cost and expense not exceeding such benefits, they 
shall proceed to have the proper surveys, profiles, plats, plans 
and specifications thereof made, and they shall report the start¬ 
ing point, route and termini of the levee, ditch, ditches or drains, 
or other work, and the dimensions of the same, and what ditches 
or parts thereof, should be opened or tiled, and the size of tile, 
if any is required, and shall report their conclusions and a copy 
of such surveys, profiles, plats, plans and specifications, to the 
court which appointed them. [As amended by Act approved 
June 30, 1885. In force July 1, 1885. Laws 1885. 

157. Alteration of plans—Boundaries—Assessment of 
benefits.] § 12. The commissioners shall not be confined to the 
point of commencement, route or termini of the drains or ditches 
or to the number, extent or the size, or the manner of construc- 
ing of the same, or the location, plan or extent of any levee, 
ditch or other work to that proposed by the petitioners, but shall 
locate, design, lay out, plan the same in such manner as they 
shall think will drain or protect the petitioners’ lands with the 
least damage and greatest benefit to all lands to be affected 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


315 


thereby; and any plans, ditches, drains or other work proposed by 
the commissioners may, on the application of any person interested, 
or the commissioners, be altered, or additional drains or other work 
shall be established by order of the court in such manner as shall 
appear to the court to be just. If the commissioners find that the 
proposed district, as described in the petition filed, will not em¬ 
brace all the lands that will be benefited by the proposed work, 
or that it will include lands that will not be benefited, and not neces¬ 
sary to be included in said district for any purpose, they may extend 
or contract the boundaries of the proposed district, so as to include 
or exclude all such lands, as the case may be, and the boundaries 
adopted and reported by said commissioners may at any time before 
the court declares the district established, upon the application of the 
commissioners, or of any person interested, be altered by the court 
in such manner as shall appear to the court to be just; and the court 
may change the name of the district or proposed district, at the 
same time in the same order establishing a drainage district: Pro¬ 
vided , the alteration of boundaries as aforesaid shall not have the 
effect of so far enlarging or contracting the proposed district that 
the petitioners will no longer constitute a majority of the adult land 
owners of the lands in such proposed district, who represent at 
least one-third of its area, or who constitute one-third of the adult 
land owners of the lands therein situated who represent a major 
portion in area of the lands therein. Any person or persons owning 
lands adjoining or contiguous to said proposed district may at any 
time by application in writing to said court, reasonable notice thereof 
having been previously given to the commissioners, annex his lands 
to said district; and if such application be made after the latest 
general assessment of benefits against the lands in said district as 
herein provided, the court, if the owners agree thereto in writing, 
or the commissioners, or a jury of said court, shall, on such applica¬ 
tion to annex, hear evidence and make the assessment of benefits 
against, or damage in favor of, the lands so annexed, and the court 
may order said assessments to benefits payable in installments corre¬ 
sponding as near as may be to the time of payments of general 
assessments and add the same to the general assessment roll of the 
district, and the collection of such additional assessments may be 
enforced as in other cases; such additional assessment roll shall also 
be recorded in the county court, and the same shall be a lien upon 
such lands from the filing thereof for record until paid. [As 
amended by Act approved and in force June 27, 1913. Laws 1913, 

p. 261. 

158. Filing report—Hearing—Confirmation.] § 13. After 
the appointment of the commissioners, as provided for in section 




316 


DRAINAGE. 


[Div. III. 


nine (9) of this Act, the cause shall be continued by the court to 
a day for the filing of their report, and in the event said com¬ 
missioners are not ready to report on the day fixed, they may 
appear before the court and obtain a continuance or continu¬ 
ances until said report is ready to be filed, but such continuance 
or continuances shall in such instance be to a day certain, and 
all persons interested shall take notice of any such continuance 
or continuances. Upon said report being filed with the clerk of 
the court appointing such commissioners, the court shall fix a 
day not less than ten days nor more than four weeks from the 
filing thereof, for the hearing thereon: Provided, that in case 
the commissioners shall recommend that additional lands be em¬ 
braced in the proposed district, the owner or owners of such 
lands shall be given notice by the commissioners, in the manner 
and for the time provided by section three (3) of this Act, of the 
hearing on said report. At the time of the hearing all persons 
may appear and contest the confirmation of said report or show 
that additional drains, ditches or other work should be con¬ 
structed, or that the report ought to be modified in any par¬ 
ticular, and may offer any competent evidence in support there¬ 
of ; and the said report of said commissioners shall be prima 
facie evidence of the facts therein set forth. [As amended by 
Act approved and in force May 29, 1909. Laws 1909, p. 182. 

159. Confirmation—Review—Modification.] § 14. If upon 

the hearing the court shall be of the opinion that the objec¬ 
tions are not well taken, or if no objection shall be made, it 
shall order the confirmation thereof. If it shall appear that 
additional ditches, drains and outlets, not named in the report, 
are necessary, or that the report ought to be modified in any 
particular, and the court shall be sufficiently informed in the 
premises, it shall modify the same to conform to the equities in 
the premises; or if not sufficiently informed, it shall order the 
commissioners to review and correct their report; and may make 
specific directions in what respect they shall reform their re¬ 
ports ; and the court may make all necessary orders in the prem¬ 
ises, either for the continuance of the hearing or other lawful 
purposes. [As amended by Act approved June 30, 1885. In 
force July 1, 1885. Laws 1885, p. 115. 

160. Referring report—Adjournment.] § 15. If the report 

be referred back to the commissioners for amendment, the court 
shall fix a day when the commissioners shall again present their 
report, in which case the hearing shall stand adjourned to that 
day, and no further notice shall be required thereof. 




Div. HI.] 


DRAINS, DITCHES AND LEVEES. 


317 


161. Order of Confirmation—Appeals—Validity.] § 16. 

If, after hearing all objections, if any, to the report of the commis¬ 
sioners, and all applications, if any, to annex other lands to the 
proposed district, the court finds that a drainage or levee dis¬ 
trict should be organized, the plat of the same shall be recorded 
and an order be made according to the findings of the court, 
substantially as follows: 

County Court of - county, - term, A. D. 19—. 

In the matter of the petition of [ here insert names of the petitioners ], 

this day the report of - commissioners heretofore appointed by this 

court to examine the lands proposed to be drained or protected and the lands 
over which the work is proposed to be constructed [if additional lands are 
recommended by the commissioners to be brought into the proposed dis¬ 
trict, insert here the giving of notice to the owners of such land, as re¬ 
quired in section thirteen (13) of this Act], and said report having been 
set down for hearing in the manner required by law, and the court having 
duly examined said report and having heard evidence concerning the same, 
and considered all objections to the same, it is ordered by the court that 
the report of said commissioners [or, if said report has been modified by 
the court, as modified by the court ] be and the same is hereby confirmed; 
and the court further finds that the proposed work in said petition to be 
done will be useful for agriculture, sanitary or mining purposes to the 
owners of land within said proposed district; and the court also finds that 
the persons who have signed said petition are of lawful age and are a ma¬ 
jority. of the adult land owners, representing one-third in area [or one-third 
of the adult land oivners owning a major portion, as the case may be] of the 
land to be affected by such proposed work. And the court further finds 
that the said drainage district of the corporate name mentioned in said pe¬ 
tition, viz., --—, bounded as follows, --—•, 

is duly established as provided by law. 

.County Judge 

And upon entering such order of record, said district is 
hereby declared by law to be organized as a drainage district 
by the name mentioned in the petition, and with the boundaries 
fixed by the order confirming the report of the said commis¬ 
sioners, and said district is hereby declared to be a body politic 
and corporate, by the name mentioned in said order of court, 
with the right to sue and be sued, and to have perpetual suc¬ 
cession, and may adopt and use a corporate seal; and the 
commissioners appointed as aforesaid and their successors in 
office shall, from the entry of such order of confirmation, con¬ 
stitute the corporate authorities of such drainage district, and 
shall exercise the functions conferred upon them by law. 

Said order shall be final, and separate or joint appeals and 
writs of error may be taken to the Supreme Court by the parties 
affected thereby: Provided, the granting of an appeal or writ 









318 


DRAINAGE. 


[Div. III. 


of error to one or more persons, or the reversal of said order 
upon such appeal or writ of error by such person or persons sepa¬ 
rately or jointly shall not impair nor invalidate said organization 
as to all other persons not appealing nor suing out of such writs, 
nor shall such appeal or writ of error delay the work or pro¬ 
ceedings so far as it affects the lands of such other persons. Nor 
shall it be a valid ground of objection on the part of any land 
owner upon said hearing, or upon an appeal from said order, or upon 
any writ of error attacking the said order, that any owner of other 
land has not received sufficient notice of the said proceedings, or 
that the said order is invalid as to the said owner of other lands; 
but such other owners and lands may be thereafter brought into 
and included in the said district, and assessed therein under the 
provisions of sections fifty-eight, sixty and sixty-one of this Act, 
when such other lands should properly be included in said district. 
[As amended by Act approved and in force June 27, 1913. Laws 
1913, p. 262. 

162. Commissioners to acquire right of way—Roll of assess¬ 
ments of benefits and damages.] § 17. After the order provided 
for in the foregoing section shall have been signed, the commis¬ 
sioners shall proceed to acquire the right of way and releases of 
damages for the construction of the proposed work, by agreement 
with the land owners so far as they may be able to agree with said 
land owners, and to make out an assessment roll in which shall be 
set down in proper columns the names of the owners when known, a 
description of the premises affected, in words or figures, or both, as 
shall be most convenient, the number of acres in each tract, and, 
if benefits are assessed against the same, the amount of the same 
against each tract; and if damages are allowed to the amount of the 
same against each tract they shall also include therein all railroads, 
public highways and municipal corporations to be affected by the 
proposed work, and the amount of benefits assessed against, and 
damages, if any accruing, to the track and right of way of said 
railways and public highways and roads, and the streets and alleys 
of such municipal corporations; and they shall, when directed by the 
court, also make an assessment of the “annual amount” of benefits 
which each tract will sustain by keeping said levees, ditches or other 
work in repair, and to maintain in operation pumping plants, if any 
there be in such district, all of which shall be known as the “Com¬ 
missioner’s roll of assessments of benefits and damages.” [As 
amended by Act approved and in force June 27, 1913. Laws 1913, 
p. 263. 

163. Filing of roll of assessments—Hearing before jury.] 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


310 


§ 17a. Upon the filing of the “Commissioner’s roll of assessments 
of benefits and damages,” with the clerk of the court, the com¬ 
missioners shall give ten days’ notice in the manner provided by 
section three (3) of this Act, of the time and place when and 
where they will appear before the same court in which the petition 
was filed for the purpose of having a jury impaneled in accordance 
with the provisions of section six (6) of an Act entitled, “An Act 
to provide for the exercise of the right of eminent domain,” ap¬ 
proved April 10, 1872, in force July 1, 1872, and for the hearing 
before said jury, upon all questions of benefits and damages, to any 
of the land in said district. 

Upon the hearing, the commissioners and all persons inter¬ 
ested in the lands to be affected, shall have the same right of chal¬ 
lenge of jurors as in other civil cases in the county courts of this 
State. When said jury is selected they shall be sworn to faith¬ 
fully and impartially perform the duties required of them to the 
best of their understanding and judgment, and to make their as¬ 
sessments of benefits or of damages, or damages and benefits, as 
the case may be, according to law; and thereupon said commis¬ 
sioners, on behalf of said district, shall present and file as their 
claim against the several land owners and tracts of land, the as¬ 
sessment roll provided for in section seventeen (17) of this Act, 
which shall make out a prima facie case for the commissioners, 
and all parties to said proceedings shall be permitted to present 
to said jury their case in person or by counsel, and offer any com¬ 
petent evidence as to the amount of benefits which any land in 
said district will receive by reason of said proposed work, or as to 
the damages to land taken or damaged thereby over which the right 
of way has not been obtained, and after such evidence shall be pre¬ 
sented and argument of counsel heard, the court shall instruct them 
as to the law and form of their verdict. [Added by Act approved 
and in force May 29, 1909. Laws 1909, p. 182. 

164. Organization of jury—Examination of lands—Verdict 
—Confirmation—Judgment.] § 17b. And thereupon said jury 
shall proceed to select a foreman and a clerk from said jury, and 
in charge of such foreman shall, in case any party in interest shall 
so request, proceed to examine the lands, railroads, streets, alleys 
and public highways to be affected by the proposed work. The 
jury shall ascertain to the best of their ability and judgment the 
benefits which will accure to the lands, railroads, streets, alleys and 
jublic highways, to be affected by the said proposed work, and the 
damages to the lands taken or damaged thereby, over which the 
right of way for the construction of the said proposed work had 
not been obtained, and when directed by the court, the jury may 




320 


DRAINAGE. 


[Div. III. 


also ascertain the “annual amount’’ of benefits which each tract will 
sustain by keeping said levee, ditches or other work in repair, and 
said jury shall make out their verdict in which shall be set down 
in proper columns the names of the owners, when known, a descrip¬ 
tion of the premises to be affected, in words or figures, or both, as 
shall be most convenient, the number of acres in each tract and the 
amount of benefits assessed, if any, and the amount of damages 
allowed, if any, against each tract, railroad, public highway, or 
municipal corporation; also, when required, the amount of “annual 
benefits,” if any, which each tract will sustain by keeping said levees, 
ditches or other work in repair, and in finding such verdict they 
shall take into consideration their view of the premises as evidence 
(if such view shall have been requested by any party in interest) 
and consider it with the other testimony offered in the case and 
allowed by the court, which verdict when so completed shall pro¬ 
duce the total sum of the estimated cost of the proposed work and 
the proceedings incident to the same, together with the annual 
amount of benefits which the lands will sustain by keeping said 
levees, ditches or other work in repair, when required, and the 
amount of damages allowed, and said verdict shall then be signed by 
the jury and filed in the court, and shall be taken and held to be 
the verdict of the jury upon all questions of benefits and damages 
arising in the proceedings; and thereupon the court shall confirm 
said verdict and enter up judgment upon said verdict, and cause the 
same to be spread upon the records and such judgment and verdict 
shall be a lien upon such lands after the said judgment, until paid. 
Appeals and writs of error shall be allowed therefrom as in cases 
of appeals from or writs of error to county courts in proceedings for 
the sale of lands for taxes or special assessments: Provided, that 
the granting of an appeal in any one or more cases, to one or more 
persons shall not operate to defer the collection of the judgment in 
other cases, but the collection in other cases shall proceed as if no 
appeal had been taken. When said appeals are decided, if the judg¬ 
ment of said county court shall be affirmed, or upon said case being 
remanded for a new trial, if judgment shall be in favor of said dis¬ 
trict, the county court shall order the judgment so rendered to be 
made a part of said judgment not appealed from, and the same shall 
be collected as if no appeal has been taken. 

The court shall, if necessary, continue said cause to a day cer¬ 
tain for the report of the verdict of said jury, and if said jury are 
not ready to file their verdict on the day fixed, said cause may be 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


321 


continued from time to time until they have completed their verdict 
and have returned the same to the court, and all persons interested 
shall take notice of the time of filing and making said report by the 
jury. 

The court may cause to be prepared and submit to said jury a 
form for their said verdict, including names of the owners and 
descriptions of the tracts to be affected, including the railroads, pub¬ 
lic highways and municipal corporations, with blanks for the said 
jury to fill with the amounts of benefits and damages as they shall 
find, and when completed the same may be placed in form by the 
court in the presence of said jury, or the said jury may be recalled 
at any time after being discharged to correct any errors or omissions 
therein. [As amended by Act approved and in force June 27, 1913. 
Laws 1913, p. 264. 

165. Assessment for repairs.] § 17)4. The amount as¬ 
sessed for keeping said levee or ditch in repair, shall not in the 
a gg re g a te amount to a sum in any one year, greater than would be 
produced by thirty cents per acre on all lands within said district.. 
In case such assessment of annual benefits is not made at the time 
of the original organization of said district or the same is there¬ 
after found to be insufficient, the same may be provided for or 
increased in the same manner as herein provided for the levying of 
additional assessments in such districts. 

In case the petition shall set out that a levee or ditch has been 
made under any law of this State and prays for an assessment of 
benefits to repair and keep in repair said levee or ditch, the commis¬ 
sioners shall cause to be made an assessment of benefits which said 
lands will sustain by repairing said levee or ditches, and also the 
“annual amount” of benefits which said lands will sustain by keep¬ 
ing said levee or ditch in repair thereafter and such assessment of 
benefits shall be made in the manner provided by section seventeen 
(17), seventeen A (17A) and seventeen B (17B) of this Act, but 
in all other respects the commissioners shall comply with the pro¬ 
visions of this Act, so far as the same may be applicable thereto: 
Provided, that in all cases where the amount of benefits assessed, 
and the assessments of benefits to repair said levees, ditches or 
drains, heretofore constructed under any law of this State are in¬ 
sufficient to complete the ditches, drains or levees embraced in the 
proceedings, the “annual amount of benefits” assessed to keep said 
levee or ditch in repair after making all necessary repairs and pay¬ 
ing other necessary expenses of maintenance for any year, may be 
applied to complete the ditches, drains or levees embraced in the 



322 


DRAINAGE. 


[Div. III. 


proceedings, and to raising, strengthening and protecting said 
ditches, drains and levees, when required to protect the lands em¬ 
braced in the drainage and levee districts organized under this Act, 
from inundation and overflow, and in paying interest on any other 
notes or bond issued under this Act. [As amended by Act approved 
and in force June 27, 1913. Laws 1913, p. 265. 

166. Assessment for benefits.] § 18. In making such as¬ 
sessment, the jury shall award and assess the damages and bene¬ 
fits in favor of and against each tract separately, in the proportion in 
which such tract of land will be damaged or benefited, and in no 
case shall any tract of land be assessed for benefits in a greater 
amount than its proportionate share of the estimated cost of the 
work and expenses of the proceeding, nor in a greater amount than 
it will be benefited by the proposed work according to the best 
judgment of the jury, and when directed by the commissioners, 
or the court impaneling a jury for making any additional assess¬ 
ment to damages and benefits, or benefits, or for the purpose of 
making assessments in favor of, or against any one or more tracts, 
as the case may be, in any district, such jury may consider any 
prior assessment or assessments, against any lands, which are void 
and unpaid, by reason of some omission, clerical error, mistake, or 
for want of proper notice to the owner thereof, or on account of 
other irregularity of proceedings not affecting the merits of such 
prior assessments, and may include the same or any part thereof 
with such other assessments. [As amended by Act approved and in 
force May 29, 1909. 

167. Correction of assessment.] § 19. Repealed by Act 
approved and in force May 29, 1909. Laws 1909, p. 182. 

168. Hearing objections—Corrections.] § 20. Repealed by 
Act approved and in force May 29, 1909. Laws 1909, p. 182. 

169. Proceedings on hearing.] § 21. Repealed by Act 
approved and in force May 29, 1909. Laws 1909, p. 182. 

170. Confirmation and approval.] § 22. Repealed by Act 
approved and in force May 29, 1909. Laws 1909, p. 182. 

171. Appeal bond.] § 23. Repealed by Act approved June 
24, 1895. In force July 1, 1895. Laws 1895, p. 166. 

172. Trial on appeal.] § 24. Repealed by Act approved 
June 24, 1895. In force July 1, 1895. Laws 1895, p. 166. 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


323 


173. Correction of assessment roll—Confirmation of assess¬ 
ment—Appeal, etc.] § 25. Repealed by Act approved and in 
force May 20, 1907. Laws 1907, p. 274. 

174. Payment of assessment of benefits in installments.] 

§ 26. At the time of confirming such assessments, it shall be com¬ 
petent for the court to order the assessment of benefits to be paid in 
installments of such amounts, and at such times as will be convenient 
for the accomplishment of the proposed work or payment of bonds 
that may be issued; otherwise the whole amount of such assessment 
shall be payable immediately upon such confirmation. The assess¬ 
ments or installments thereof shall draw interest at the rate of six 
per cent per annum from the time of confirmation until paid; but 
if any owner elects, he may pay the whole amount of the assess¬ 
ments, and interest, if any, accrued against his land, before it be¬ 
comes due; Provided, such payment is made before any bonds are 
issued by the district. Said assessments shall be a lien upon the 
lands assessed as other taxes, and such lien shall continue until said 
assessments are paid; and the proceedings of the county court of the 
county in which said lands are situated, shall be sufficient notice of 
such lien. When an assessment against any tract of land has been 
fully paid, it shall be the duty of the treasurer of such district to 
execute and deliver to the owner of such land, a release in full, 
which shall discharge such owner from all further liability to pay 
the same. The release may be recorded in the recorder’s office of 
the county where such lands are situated. [As amended by Act 
approved June 30, 1885. In force July 1, 1885. Laws 1885, p. 119. 

175. Annual amount of benefits due and payable on the 
first day of September annually—Borrowing money—Interest.] 

§ 26 l / 2 . In case where a levee or ditch has been heretofore built 
under any law of this State, or may hereafter be built under the pro¬ 
visions of this Act, the annual amount of benefits for keeping the 
same in repair shall be due and payable on the 1st day of Septem¬ 
ber annually, and shall be a lien on the lands upon which said assess¬ 
ments are made, from and after the confirmation of the report. The 
court in which such proceedings are had shall require from said com¬ 
missioners a report of the condition of the levee or ditch at its July 
term of each year, together with their estimate of the amount neces¬ 
sary to keep the levees or ditch in repair, pay all incidental and 
necessary expenses for the ensuing year, and the amount necessary 
to complete the ditches, drains or levees embraced in the proceedings 
and to raise, strengthen or protect said ditches, drains or levees, 



324 


DRAINAGE. 


[Div. III. 


when completed, and in constructing additional ditches, drains or 
levees when required to protect the lands embraced in the drainage 
and levee districts organized under this Act, from inundation and 
overflow; and if the court shall find that a less amount will be re¬ 
quired for such ensuing year, than the whole amount of the assess¬ 
ment for the year, then the court shall by an order fix the amount to 
be paid for such year and only that amount shall be collected, and 
the excess of such assessment over and above the amount so fixed 
by said order for said year shall be remitted by law, and shall not 
thereafter be collected: Provided, that the amount to be collected 
under the order of said court shall not be in the aggregate amount 
in any one year, to a sum greater than would be produced by a levy 
of thirty cents per acre on all the lands within said district; except in 
districts which now have, or may hereafter have, pumping plants, in 
which districts the annual amount of benefits collected each year shall 
be a sum sufficient to keep the levees, ditches, drains and other works 
of said district in repair and to maintain in operation such pumping 
plant or plants: Provided, further, that in all cases where the ditches, 
drains or levees constructed or repaired under this Act are in danger 
of being impaired, injured, broken or destroyed by overflow or 
otherwise, and a part of the annual amount of benefits for protec¬ 
tion and keeping the same in repair for the year in which said 
ditches, drains or levees are so threatened, has been remitted by 
order of the court as herein provided, or when the annual amount 
of benefits for protecting and keeping the same in repair for any 
year is insufficient, the commissioners of drainage and levee districts, 
organized under this Act, may borrow money on the annual amount 
of benefits becoming due the first day of September, following the 
time when said ditches, drains or levees are so threatened, to the 
extent of two-thirds of said annual amount of benefits and may 
secure the same by notes or bonds of the drainage and levee districts 
bearing interest at the rate of six per cent per annum, and not run¬ 
ning beyond one year from the date of issue, which notes or bonds 
shall not be held to make the commissioners personally liable for 
the money borrowed, but shall constitute a lien upon the annual 
amount of benefits falling due thereafter for the repayment of the 
principal and interest thereof: Provided, that the report of the com¬ 
missioners as to the condition of the levee or ditch and their estimate 
of the amount necessary to keep the levee or ditch in repair, pay all 
incidental and necessary expenses for the ensuing year, and the 
amount necessary to complete the ditches, drains or levees, embraced 




Div. III.] 


DRAINS, DITCHES AND LEVEES. 


325 


in the proceedings, and to raise, strengthen or protect said ditches, 
drains or levees when completed, and in constructing additional 
ditches, drains or levees when required to protect the lands embraced 
in the drainage districts, when the proceeding is before a justice of 
the peace, shall be made on the first Monday in July, in each year. 
[As amended by Act approved and in force June 27, 1913. Laws 
1913, p. 267. 

176. Certified copy of assessment delivered to commission¬ 
ers.] § 27. Immediately after the entry of such confirmation by 
the court, the clerk shall make out and certify to the commissioners 
a copy of such assessment roll, and shall also make out and deliver 
to the commissioners separate copies of such parts thereof, pertain¬ 
ing to the lands situated in the other counties, which shall be re¬ 
corded in the recorder’s office of the respective counties, in which 
the lands are situated, and shall be notice of the lien thereof to all 
persons. [As amended by Act approved June 30, 1885. In force 
July 1, 1885. Laws 1885, p. 121. 

177. Commissioners to have power to contract in the cor¬ 
porate name of district.] § 28. Upon the organization of said 
drainage district, it shall in its corporate name, by its commissioners 
from thenceforth, have power to contract and be contracted with, 
sue and be sued, plead and be impleaded, and to do and perform, in 
the corporate name of said district, all such acts and things as may 
be necessary for the accomplishment of the purposes of this Act. 
[As amended by Act approved June 30, 1885. In force July 1, 1885. 
Laws 1885. 

178. Treasurer— Bond.] § 29. The commissioners shall 
after the confirmation of said assessment roll, and before any collec¬ 
tions shall have been made by them, appoint a treasurer, who shall 
not be one of their number, who shall execute a bond to the people 
of the State of Illinois for the use of all persons interested, in a 
sum of not less than twice the amount of assessments that may be in 
his hands during his term of office, with such sureties as may be ap¬ 
proved of by the judge of said court, conditioned for the faithful 
performance of his duties as treasurer of said drainage district, and 
that he will safely and faithfully account for all money that by 
virtue of his said office, shall come to his hands. Which said bond 
when approved by the court shall be kept and preserved by said 
commissioners, and suits may be maintained upon the same by them 
upon any breach of its conditions. [As amended by Act approved 
June 30, 1885. In force July 1, 1885. 



326 


DRAINAGE. 


[Div. III. 


179. Duties—Term of office—Compensation for services.] 

§ 30. It shall be the duty of said treasurer to keep proper books to be 
furnished him by the commissioners, in which he shall keep an accu¬ 
rate account of all moneys received by him, and of all disbursements 
of the same; he shall pay out no money, except upon the order of a 
majority of the commissioners, and shall carefully preserve on file 
all orders for the payment of money given him by the commission¬ 
ers, and shall turn over all books, papers, vouchers, moneys, and 
other property belonging to and in his hands, as such treasurer, to 
his successor in office. His term of office shall be two years, but he 
may be at any time removed by the court upon petition of a majority 
of the commissioners, or for good cause shown. He shall receive, 
as a compensation for his services, a sum fixed by the commissioners 
before his appointment. [As amended by Act approved June 30, 
1885. In force July 1, 1885. Laws 1885. 

180. Interest on installments.] § 31. In case the assess¬ 
ments for benefits shall be payable in installments, such installments 
shall draw interest at six per cent per annum, payable annually, from 
the time of confirmation of the assessment roll until they are paid, 
and such interest may be collected and enforced as part of the assess¬ 
ment: Provided, that in any district where no bonds or interest 
bearing obligations, at the time of such collection of interest shall 
have been issued or are outstanding against such installments of 
assessments upon which said interest shall be collected, the commis¬ 
sioners of such district may, under the direction of the county court, 
use the money, so collected as interest, for the construction or main¬ 
tenance of any ditches, drains or levees or other work or any neces¬ 
sary expenses of said district or any indebtedness of said district. 
[As amended by Act approved May 25, 1907. In force July 1, 1907. 
Laws 1907, p. 282. 

181. Bond of commissioners.] § 32. The commissioners 
appointed by virtue of this chapter, shall not collect or receive any 
money for the purposes herein specified, until they shall have given 
bond, payable to the people of the State of Illinois, for the use of all 
persons interested, in a sum not less than twice the amount of the 
assessment for benefits, payable in any one year, or may come into 
their hands or under their control during such year, with such secur¬ 
ity as shall be approved by the judge of the court, conditioned for 
the faithful application of all moneys that may be received by them 
as such commissioners, and to make due account thereof to the court 
whenever required, by law or order of court, which bond shall be 
filed in the court in which tffie proceedings are had. Such commis¬ 
sioners are hereby required to renew such bond, on or before the 
15th day of September, each year, after the appointment of them or 
either of them. [As amended by Act approved June 30, 1885. In 
force July 1, 1885. Laws 1885. 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


327 


182. Notice of assessment.] §33. The commissioners, 
upon receiving such certified copy of such assessment roll, or 
the treasurer of such district, shall immediately cause a notice 
to be published for three weeks, in the manner required in sec¬ 
tion 3, of this Act, in substance as follows: 

Notice is hereby given to all persons interested that the ‘‘annual amount 

of benefits” [or - per cent of the “annual amount of benefits,” as the 

case may be] is now due for drainage and levee work for the year A. D. 

19— upon land lying within the - drainage and levee district in the 

county of - and State of Illinois, and that the same must be paid to 

the undersigned commisisoners of said district, [or to -, treasurer of 

said district, at his office in - [as the case may be 1, on or before the 

- day of--, A. D. 19—, and in default of such payment the several 

tracts of land upon which said “annual amount of benefits” [or per cent of 
the “annual amount of benefits,” as the case may be] remains unpaid, will 
be sold according to law, to pay the amount of the same and costs. 

Dated this - day of -, A. D. 19—. 

.Commissioners. 

[or Treasurer.] 

In case the assessments made are ordered by the county 
court to be paid in installments, said commissioners or treasurer 
shall give a like notice, as near as may be, of any installment or 
installments immediately after such installments or installments 
become due and payable, and in case of “annual amount of 
benefits,” in drainage and levee districts, as is required by sec¬ 
tion twenty-six and one-half of this Act, the commissioners 
shall give notice in a similar manner immediately after the first 
day of September of each year, stating what part of the “annual 
amount of benefits” will be collected for that year, which notice 
may be in substance, as follows: 

Notice is hereby given to all persons interested, that an assessment [or 

installment of - per cent of the assessment, as the case may be], is now 

due for drainage purposes for the year A. D. 19— upon lands lying within 

the - drainage district, in the county of - and State of Illinois, 

and the same must be paid to the undersigned commissioners of said 

drainage district [or to -, treasurer of said district, at his office, in 

- , as the case may be], on or before the - day of -, A. D. 

19 —. f and in default of such payment, the several tracts of land upon 
which said assesment [or installment, as the case may be], remains unpaid, 
will be sold according to law, to pay the amount of such assessment [or in¬ 
stallment] and costs. 

Dated this - day of -, A. D. 19—. 

.Commisisoners [or Treasurer]. 

Which notice shall be a sufficient demand for any assess¬ 
ment or installment that may be due. [As amended by Act ap¬ 
proved June 30, 1885. In force July 1, 1885. Laws 1885, p. 122. 





















328 


DRAINAGE. 


[Div. III. 


183. Delinquent assessment—Collector.] § 34. If the as¬ 
sessment or any installment or installments thereof, or annual 
amount of benefits, due upon said lands, shall not be paid on or 
before the day named in the notice given in section thirty-three 
(33) of this Act, it shall be the duty of said commissioners, if 
they have not appointed a treasurer as aforesaid, and if so, then 
of said treasurer, to make out a certified list of such delinquent 
lands upon which the assessment, or any installment or annual 
amount of benefits remains unpaid, and the same shall be by 
him or them, on or before the tenth day of March next, after 
the same have become payable, returned to the county collector 
of the county or counties in which said lands shall lie; and when 
the same shall lie in different counties a separate return shall 
be made for each county of the delinquent lands therein; and it 
shall be the duty of the county collector to whom any such re¬ 
turns have been made, to transfer such returns to the tax books 
in his hands, setting down therein in proper order the several 
tracts of the real estate, town lots and blocks so returned, and 
setting opposite to the respective tracts of real estate, lots and 
blocks, in proper columns prepared for that purpose, the amount 
of assessment, installment or installments or annual amount of 
benetfis against each tract of real estate, lots and blocks, and 
the like proceedings shall be had, and with the like force and 
effect in the collection of such delinquent assessment or assess¬ 
ments, or installment or annual amount of benefits unpaid, with 
interest, and the sale of said real estate, lots, blocks and lands 
for non-payment thereof, as in ordinary collections of State and 
county taxes by county collectors, and of sale of real estate by 
them for such non-payment and of redemption from such sales. 
Nothing in this Act contained shall be construed to affect or 
impair any assessment or return of lands delinquent for assess¬ 
ment heretofore made under any law of this State. [As amended 
by Act approved June 30, 1885. In force July 1, 1885. Laws 
1885, p. 123. 

184. Act to be liberally construed.] § 34y 2 . This act shall 
be liberally construed to promote the ditching, drainage, and 
reclamation of wet or overflowed lands; and collection of assess¬ 
ments shall not be defeated by reason of any omission, imper¬ 
fection or defect in the organization of any district, or in any 
proceedings occurring prior to the judgment of the court, con¬ 
firming the assessments of benefits and damages; but said judg¬ 
ment shall be conclusive that all prior proceedings were regular 
and according to law. [Added by Act approved June 30, 1885. 
In force July 1, 1885. Laws 1885, p. 123. 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


329 


185. Payment before sale.] § 35. Notwithstanding the re¬ 
turns of such delinquent list, the said commissioners, or their 
treasurer, shall be authorized to receive payment of any such 
delinquent assessmenst and costs, and may give receipts for 
the same but shall keep a memorandum of the same, and on or 
before the day of sale fixed by said county collector for the sale 
of such lands, shall present said memorandum, or list, to said 
county collector or collectors, for the purpose of having the 
same checked or marked paid on the delinquent list in his hands, 
and all amounts collected by the said county collector, by sales 
or otherwise, after deduction of his fees, shall be paid to the 
commissioners on demand. [As amended by Act approved June 
30, 1885. In force July 1, 1885. Laws 1885, p. 123. 

186. Letting contracts—Commissioners to Advertise for 
bids.] § 36. The commissioners, when qualified in pursuance 
of this Act, may do any and all acts that may be necessary in 
and about the surveying, laying, constructing, repairing, alter¬ 
ing, enlarging, cleaning, protecting and maintaining any drain, 
ditch, levee or other work for which they have been appointed, 
including all necessary embankments, protections, dams and 
side drains, clearing out and removing of obstructions from nat¬ 
ural or artificial channels or streams within or beyond the limits 
of the drainage district, procuring or purchasing riparian rights 
by agreement with the owners thereof, and may use any money 
in their hands arising from assessments for that purpose: 
Provided, that in all cases where the work to be done is the 
construction of the principal work, the cost of which will exceed 
five hundred dollars, the same shall be let to the lowest respon¬ 
sible bidder, and the said commissioners shall advertise for 
sealed bids by notice published in some newspaper issued in the 
county in which the petition is filed, and if there be no news¬ 
paper issued or published in said county, then in the next nearest 
newspaper; which said notice shall particularly set out the time 
and place, when and where, the sealed bids will be opened; the 
kind of work to be let, and the terms of payment. Said com¬ 
missioners may continue the letting from time to time, if in 
their judgment the same shall be necessary, and may reserve 
the right to reject any and all bids. And said commissioners 
.shall not. during their term of office, be interested, directly or 
indirectly, in any contract for the construction of any ditch, 
drain, or levee, in such drainage district, nor in the wages of 
or supplies to men or teams employed on any such work in said 
district: Provided, further, that no levee, drain, ditch, or other 




330 


DRAINAGE. 


[Div. III. 


work authorized to be constructed or made under this Act shall be 
constructed or made in such a manner as to destroy or impair the 
usefulness or prevent the public use of any bay or harbor, or body 
of water used as a harbor, connected with any navigable stream. 
[As amended by Act approved June 30, 1885. In force July 1, 1885. 

187. Suits, money to be used under direction of court—Ad¬ 
ditional assessments.] § 37. Said commissioners may use money 
arising from the collection of assessments or coming into their hands, 
as such commissioners, for the purpose of compromising suits and 
controversies arising under this Act, and in the employment of all 
necessary agents and attorneys, in organizing said districts, and for 
conducting other proceedings, in law or in equity, for the same, and 
for the purpose of constructing or repairing or maintaining any 
ditch, ditches, drains, levee or levees within said district or outside 
of said district, necessary to the protection of the lands and com¬ 
plete drainage of the same within said district: Provided, that the 
commissioners shall use such money under the direction or approval 
of the court; and assessments from time to time may be levied on the 
land within any district when it shall appear to the court that the 
previous assessment or assessments have been expended or are in¬ 
adequate to complete such work, or are necessary for maintenance 
or repair, or when it shall become necessary for the construction of 
one or more pumping plants, or other additional work, or the com¬ 
pletion of any work already commenced within any drainage district 
to insure the protection or drainage of the lands in said district, 
under the direction and order of the court, or to pay obligations in¬ 
curred for the current expenses of said district or in the keeping 
in repair and protection of the work of such district, on a petition 
of a majority of the land owners within said district who are of law¬ 
ful age and represent at least one-third in area of such lands or on 
a petition of one-third of such adult land owners who represent a 
majority [major portion] in area of such lands, or on the petition of 
the commissioners accompanied by an itemized statement of accounts 
made by the commissioners under oath, showing the moneys received 
by the district and the manner in which they have been expended, 
together with the plats and profiles of such additional work and 
estimated cost of the same; two weeks’ previous notice of the time 
set for the hearing of said petition in the manner required by section 
three (3) of this Act having been given. Upon the hearing of such 
petition the court may grant the prayer of the same, and cause the 
jury to be impaneled to make said assessment, as well as an assess¬ 
ment for annual amount of benefits for maintaining and operating 
such pumping plant or plants and for keeping such additional work 
in repair, with like proceedings and notice as near as may be, as in 




Div. III.] 


DRAINS, DITCHES AND LEVEES. 


331 


cases of original assessments of damages and benefits under this 
Act, and such additional assessment or assessments, when made, 
shall have the same force and effect and be collected in the same 
manner as original assessments. [As amended by Act approved and 
in force June 27, 1913. Laws 1913, p. 267. 

188. Commissioners may borrow money.] § 38. The com¬ 
missioners may borrow money not exceeding ninety per cent of the 
amount of assessment unpaid at the time of borrowing, for the 
construction of any work which they shall be authorized to con¬ 
struct, or for the payment of any indebtedness they may have law¬ 
fully incurred under the provisions of this Act, or to the Act to 
which this is an amendment, and may secure the same by notes or 
bonds, bearing interest at the rate of not exceeding six per cent per 
annum, and not running beyond one year after the last assessment 
or installment of assessment on account of which the money is bor¬ 
rowed shall fall due, which notes or bonds shall not be held to make 
the commissioners personally liable for money borrowed, but shall 
constitute a lien upon the assessment for the re-payment of the prin¬ 
cipal and interest thereof; or such bonds may be issued to the 
amount of ninety per cent of any one installment, and constitute a 
lien on such installment alone, falling due within one year after 
such installment becomes due, such installment shall be particularly 
designated in such bonds: Provided, where the payment of any in¬ 
stallment or installments of any assessment has been deferred in pur¬ 
suance of section twenty-six if this Act, and the court shall find on 
petition of the commissioners that it will be for the interests of the 
district that money should be borrowed to an amount exceeding 
ninety per cent of such installment or installments, the court on due 
hearing, may by order entered of record, authorize the borrowing 
of money to such an amount in excess of ninety per cent of such in¬ 
stallment or installments as the court may find to be advisable. And 
the county court may, on the petition of the commissioners, author¬ 
ize them to refund any lawful indebtedness of the district authorized 
by and created under this Act, or the Act to which this is an amend¬ 
ment, by taking up and cancelling all outstanding notes and bonds 
of such district, issued under this Act or'the Act to which this Act 
is an amendment, as fast as they become due, or before they shall 
become due, if the holders thereof will surrender the same, and 
to issue in lieu thereof, new notes or bonds of such district, pay¬ 
able on such longer time as the commissioners shall think 
proper, not to exceed in the aggregate the amount of all notes 
and bonds of such district then outstanding, and the unpaid ac¬ 
crued interest thereon, and the court shall have power, on the 
petition of the commissioners to order that the collection of 



332 


DRAINAGE. 


[Div. III. 


any one or more, or all of the installments of the assessments 
for benefits on account of which the money was borrowed, be 
postponed to such time as the court may consider proper and 
reasonable, when the same shall become due and payable, and 
such installment or installments, so postponed, shall bear inter¬ 
est until they shall become due, at the rate of eight (8) per cent 
per annum, unless otherwise ordered by the court, but after 
they become due they shall bear interest at the rate of eight 
per cent per annum: Provided, that such bonds and notes shall 
be made due and payable within one year after the last install¬ 
ment of the assessment postponed, as aforesaid, shall become 
due. The court shall have the power to make all needful orders 
to carry into effect the provisions of this act, and no irregularity 
in the proceedings; either before or after the organization of the 
district or in the assessment of benefits, or in the extension of 
time for the payment of the same, shall in any manner affect the 
validity of the bonds or coupons issued in pursuance of this Act. 
[As amended by Act approved June 4, 1889. In force July 1, 
1889. Laws 1889, p. 121. 

189. Payment of damages.] § 39. All damages over and 
above benefits to any tract of land, shall be payable out of the 
amount assessed against other lands assessed for benefits, and 
shall be paid or tendered to the owners thereof before the com¬ 
missioners shall be authorized to enter upon his land for the 
construction of any work thereon. In case the owner is un¬ 
known, or there shall be a contest in regard to the ownership of 
the land, or the commissioners cannot for any reason safely pay 
the same to the owner, they may deposit the same with the clerk 
of the court and the court may order the payment thereof to 
such party as shall appear to be entitled to the same. The dam¬ 
ages assessed under this act in favor of any tract or tracts of 
land in such district, shall be in full compensation to the owner 
thereof, their heirs or assigns, for the perpetual right of way, 
as located by the commissioners over such lands, of any ditch 
or ditches, open or covered, levee or other work including the 
right of the commissioners, their employes or contractors with 
teams, tools or machinery to enter upon such lands, and con¬ 
struct such work, and if necessary, to repair or enlarge the same; 
and any person who shall wilfully prohibit or prevent any of 
the aforesaid persons from entering such lands for the purpose 
aforesaid, shall be fined in a sum not to exceed twenty-five dol¬ 
lars ($25) per day, for such hindrance, to be collected as other 
fines. [As amended by Act approved June 30, 1885. In force 
July 1, 1885. Laws 1885, p. 108. 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


333 


190. Removal of commissioners—Vacancies.] § 40. The 

court may, for good cause, at any time, remove any commis¬ 
sioner appointed by it, and appoint another in his place, and 
may fill all vacancies caused by death, resignation, removal or 
otherwise. [As amended by Act approved June 30, 1885. In 
force July 1, 1885. Laws 1885, p. 108. 

191. Commissioners report to court.] §41. The commis¬ 
sioners shall, as often as once in each year after their appoint¬ 
ment, and as much oftener as the court shall require, make a 
report to the court, showing the amount of money by them col¬ 
lected and the manner in which the same has been expended; 
and upon the filing of such report the court shall set a time, not 
exceeding three weeks from such filing, when such report shall 
be heard; and the commissioners shall give at least ten days’ 
notice thereof, by posting written or printed notices, in not less 
than four of the most public places in the district, and one at 
the door of the court house of the county in which said district 
was organized. Upon the time fixed the court shall hear said 
report and all objections thereto, or may continue such hearing 
to another time fixed; and upon hearing such report, may require 
evidence, to be produced by the commissioners, in support there¬ 
of, and if found correct, may approve such report. Upon the 
failure of the commissioners, or either to them, to make such 
report, to the satisfaction of the court, as required by this sec¬ 
tion, such commissioner or commissioners on the application of 
any person interested, or the court without such application, 
shall remove such commissioner or commissioners from office. 
[As amended by Act approved June 30, 1885. In force July 1, 
1885. Laws 1885, p. 108. 

192. Pay of commissioners and clerk.] § 42. The commis¬ 
sioners shall hold all their meetings for the transaction of busi¬ 
ness at any place in the county or counties in which said dis¬ 
trict is located, and shall receive for their services the sum of 
three dollars per day, and their necessary traveling expenses for 
each day they shall be actually engaged in the business of their 
office: Provided, that in districts having an area of more than 
seventy-five thousand acres the commissioners shall receive 
four dollars per day for each day actually engaged in their 
official duties, together with their necessary traveling expenses. 
The commissioners shall present an itemized account, under 
oath, to the county court, of the amounts due them respectively, 
which amounts shall be audited at least once a year by said 



334 


DRAINAGE. 


[Div. III. 


county court, and certified by said court to their treasurer, to be 
paid by him on said certificate. But such itemized account or 
accounts shall be subject to the approval of the court as pro¬ 
vided by section forty-one (41) of this Act. The clerk of the 
county court shall receive for his services hereunder, such fees 
as are allowed by law for similar service in said county court. 
[As amended by Act approved and in force May 29, 1909. Laws 
1909, p. 182. 

193. Petition to be relieved of assessment.] . § 43. When¬ 
ever a petition shall be presented to said court by the owner of 
any tract of land within said district, setting forth that the same, 
or any part thereof, has been erroneously assessed for benefits, 
for the reason that the same is not subject to overflow, or has 
never been overflowed by the highest water known, or that the 
assessment is too high, and that no bonds have been issued by 
the district which are a lien on said assessments, and praying 
that the said lands, in whole or in part, may be released from 
the assessment made or to be made in the future, the court may, 
after ten days’ notice of the filing of such petition being given 
to the commissioners, at any term of court, probate or common 
law, proceed to hear said application, granting such continu¬ 
ance as may be right and proper; and if the court shall find, 
upon issue joined, that any part of the land named in said peti¬ 
tion is not subject to overflow, or has never been overflowed 
by the highest water known from the stream against which the 
levee in question has been constructed, or that the assessment 
is too high, may, by order to be entered of record, unless it ap¬ 
pears to the court that the assessment on the whole tract is no 
more than the proportion that the land subject to overflow (if 
said land or any part thereof is subject to overflow) in said tract 
is benefited, and should pay toward constructing and maintain¬ 
ing the levee, or that the assessment on the tract is no more 
than the proportion of sanitary benefits received by the whole 
tract, and no more than the whole tract should pay for sanitary 
benefits toward constructing and maintaining the levee, and 
[amend] the assessment roll returned by the jury in conformity 
to the facts found, and such part shall thereafter be discharged 
from all other assessments, and the clerk shall immediately cause 
a copy of such order to be delivered to the commissioners that 
the copy of the assessment roll in their hands may be made to 
conform to such order. Provided , that a petition for the cor¬ 
rection of any assessments heretofore made, shall be filed within 
a year after this Act shall take effect, and as to assessments 




Div. III.] 


DRAINS, DITCHES AND LEVEES. 


335 


thereafter made, such petition shall be filed within one year after 
the confirmation of the assessment. And provided, that where such 
petition shall be for the correction of an assessment heretofore 
made, the proceedings had thereon, shall be at the cost of the peti¬ 
tioner. And provided further, that this section shall not apply to 
districts organized for the purpose of establishing a combined system 
of drainage independent of levees. [As amended by Act approved 
June 30, 1885. In force July 1, 1885. Laws 1885. 

194. Commissioners may petition for abandonment before 
contract let.] § 44. At any time before the contract shall have 
been made for the construction of any drain, ditch, levee or other 
work provided for in the report of the commissioners, or the order 
of the court made in pursuance thereof, which is sought to be aban¬ 
doned, as hereinafter provided, upon petition of the majority of the 
adult land owners of the district representing one-third of its area, 
the county court may, if upon due inquiry it shall be satisfied that 
justice towards all the land owners of said district requires it, direct 
the commissioners to abandon any drain, ditch, levee or other work, 
or any part thereof, mentioned in such report or order. Upon the 
filing of any such petition it shall be set down for hearing by the 
court, and notices of the filing of such petition, and of the general 
nature of the relief sought by the petitioners, shall be given by the 
clerk of the court in which such petition is filed for the length of 
time and in the manner (so far as applicable to the nature of the 
proceedings) required by section three (3) of the Act to which this 
is an amendment. The court may, for good cause, after the proof 
of notice as aforesaid, continue the hearing of such application from 
time to time, and any person or persons interested may appear and 
resist such application; and the court, after a full hearing of all ma¬ 
terial facts pertaining thereto may make such order in the premises 
as shall appear to the court to be just. If the court shall determine 



336 


DRAINAGE. 


[Div.III. 


that any portion of the proposed work shall be abandoned, it shall 
ascertain to what extent the cost of such proposed work shall be 
diminished thereby; and if the assessments for benefits shall have 
been made, such portions of said assessment shall be abated in such 
uniform proportion as such change of plans shall render unneces¬ 
sary for the completion of such works according to such modified 
or altered plans and if any lands shall have been assessed by the 
commissioners which, on account of such change of plans, will be 
wholly deprived of the benefits contemplated in the original plans, 
the court shall order that the entire assessments against such lands 
be abated. If such order shall be made after the assessments shall 
have been collected, the court shall order such proportion of said 
assessments as may be abated to be refunded to the person who may 
have paid the same or their lawful representatives, and for non- 
compliance with such order the commissioners and the treasurer of 
said district respectively and their sureties shall be liable upon their 
respective bonds. And the court may make any other or further 
order in pursuance of the objects of this section of this Act, as 
justice to all persons whose interests may be affected by it may re¬ 
quire. [As amended by Act approved and in force June 27, 1913. 
Laws 1913, p. 268. 

195. Entry upon lands.] § 45. The commissioners from the 
time of their appointment may go upon the lands lying within 
said district for the purpose of examining the same, and making 
plans, plats and surveys, and after the organization of said dis¬ 
trict, and payment or tender of compensation allowed, may go 
upon said lands, with their servants, teams, tools, instruments or 
other equipments, for the purpose of constructing such pro¬ 
posed work, and may forever thereafter enter upon said lands 
as aforesaid, for the purpose of maintaining or repairing such 
proposed work, doing no more damage than the necessity of the 



Div. ni.] 


drains,, ditches and levees. 


337 


occasion may require; and any person or persons, who shall will¬ 
fully prevent or prohibit any of such persons from entering 
such lands for the purposes aforesaid, shall be fined any sums not 
exceeding $25 per day for each day’s hindrance, to be recovered 
in an action of debt in favor of such drainage district before any 
justice of the peace, or court of competent jurisdiction, which 
sum shall be paid into the treasury for the use of said district. 
[As amended by Act approved June 30, 1885. In force July 1, 
1885. 

196. Drainage and levee districts may be taken, etc.] §46 

Drainage and levee districts heretofore organized under this Act, 
and drainage and levee districts hereafter organized under said 
Act, when it shall become necessary to construct additional 
drains, ditches, or levees in order to protect the lands embraced 
in said drainage and levee districts from inundation and overflow, 
or repair, enlarge, raise, strengthen or protect drains, ditches, or 
levees already constructed or in process of construction, may by 
their agents and employes, enter upon and take possession of 
such lands as may be necessary to construct such additional 
drains, ditches or levees, or repair, enlarge, raise, strengthen or 
protect drains, ditches or levees already constructed or in process 
of construction, paying, if the owners of such lands and the com¬ 
missioners of said drainage and levee districts can agree, the 
value of such lands taken, and the amount of damages occa¬ 
sioned thereby, to any such lands or its appurtenances, and if 
such owners and commissioners of said drainage and levee dis¬ 
tricts cannot agree, then the valu^ of such land and the damages 
occasioned thereto may be ascertained, determined and paid in 
the manner that may now or hereafter be provided by any law 
of eminent domain. And the commissioners of said drainage 
and levee districts, when necessary to protect the drains, ditches, 
or levees thereof, may put in such works in and along rivers, 
creeks or lakes, as will protect the banks of the same from 
caving, and they may go beyond the bounds of the said district 
for that purpose. [As amended by Act approved June 30, 1885. 
In force July 1, 1885. 

197. Assessment book—Drainage record.] §47. When an 
assessment has been made as provided in the preceding sections, 
and annually hereafter, it shall be the duty of the commissioners 
to provide suitable books, with proper headings and 
columns, in which shall be inserted, according to town¬ 
ship and range, the several tracts of lands against 
which assessments are to be carried out, the names of the 




338 


DRAINAGE. 


[Div. III. 


owners, if known, the number of acres to be assessed, the total 
amounts of assessments, and for what year, and a column for 
payments, and if any assessments shall remain due and unpaid 
after the time mentioned in the notices to be given as provided 
in section 33 of this Act, it shall be the duty of said commission¬ 
ers or treasurer, to make a list of the lands upon which such as¬ 
sessment has not been paid, and deliver such list or lists to the 
county collector of each county in which such lands may respec¬ 
tively lie, to be by him collected as heretofore provided. And the 
commissioners shall also, at the expense of the district, keep a 
well-bound book, to be known as the “drainage record,” which 
shall at all times be open for inspection to parties interested, in 
which one of their number, as secretary, shall record the pro¬ 
ceedings of every meeting thereof. They shall hold such meet¬ 
ings on the first Tuesdays of March, May, July and September 
of each year, or oftener, if necessary. They shall make a brief 
memoranda in such record, of all their transactions concerning 
the district. If bonds have been issued, and sold, as a lien on 
any particular installment of assessments, or a general lien on 
all; or contracts have been let on any section or division of work; 
or orders issued on the treasurer; or materials or tools pur¬ 
chased; or warrants for service of a commissioner issued by the 
clerk; or sums paid, by order, for work done; all such proced- 
ings and any other particular matter or transaction of such com¬ 
missioners shall be carefully entered upon such record, and the 
dates, amounts, and proper descriptions of such doings shall at 
all times be observed in making such memoranda. Said com¬ 
missioners shall also take and preserve proper vouchers for all 
orders given by them on the treasurer. [As amended by Act ap¬ 
proved June 30, 1885. In force July 1, 1885. Laws 1885, p. 108. 

198. Proceedings where costs do not exceed $2,000.] §48. 

When the costs of any proposed drain, ditch, levee or other work 
authorized by this Act to be done, will not exceed the sum of 
two thousand dollars, the petition may, if the petitioners shall 
so elect, be filed with a justice of the peace in the county where 
the land to be affected or the major part thereof is situated, and 
if the drainage district is situated in two or more townships or 
precincts, the petition shall be filed with the justice of the peace 
in the township or precinct where a major part thereof is situ¬ 
ated ; and all the proceedings authorized by this Act to be had 
in the county court, in cases where the petition is filed in such 
court , may be had before such justice of the peace, the justice of 
the peace performing all the services and duties required of the 
clerk of the county court by this Act in proceedings commenced 



Div. I'll.] 


DRAINS, DITCHES AND LEVEES. 


339 


in that court; and the assessment of damages and benefits shall 
be conducted before such justice in the same manner, as near 
as may be, as cases commenced by petition before such county 
court. In proceedings before a justice of the peace under this 
Act, the petition, report of. commissioners, assessment roll and 
all other papers may be filed and a hearing had thereon at any 
time, notice having first been given for the length of time and in 
the manner required by this Act. Provided that such justice of 
the peace shall not have jurisdiction to hear objections to the 
assessment roll confirmed by the jury; but immediately after 
such confirmation he shall file the same in his office and make a 
brief memorandum of such filing on his docket, and he or the 
commissioners shall, within ten days from such confirmation, 
present and file said assessment roll for confirmation in the office 
of the clerk of the county court of the county in which the greater 
part of the lands in such district are situated; and like proceed¬ 
ings shall be had with the same by the county court as in cases 
of assessments made by a jury, in districts organized in said 
court. [As amended by Act approved June 30, 1885. In force 
July 1, 1885. Laws 1885, p. 108. 

199. Proceedings before justice.] §49. When the pro¬ 
ceedings for organization shall be had before a justice of the peace, 
the justice of the peace shall appoint three commissioners, resi¬ 
dents of the township or precinct in which the district is situated, 
to lay out and construct such work, and perform the duties re¬ 
quired of commissioners appointed under this Act; and such 
commissioners, appointed as aforesaid as provided in this Act; 
shall have all the power and authority and may perform all Acts, 
and shall discharge all the duties imposed upon or required of 
commissioners appointed by the county courts, as herein provided; 
and the said commissioners so appointed by the justice of the peace 
as aforesaid, as provided by this Act, shall receive for their services 
the same compensation as herein provided to be paid to commis¬ 
sioners appointed by the county court, and before entering upon 
their duties shall be duly sworn as required by Section 6 of this Act. 
[As amended by Act approved June 30, 1885. In force July 1, 
1885. Laws 1885, p. 108. 

200. Refusal of commissioner to perform duty.] § 50. If 

any commissioner shall refuse or neglect to discharge any of the 
duties imposed upon him, by virtue of this Act, he shall, for 
every such refusal or neglect, be liable to the party aggrieved, 
for all damages sustained by him, and upon conviction, may be 
fined in any sum not exceeding one hundred dollars ($100), and 



340 


DRAINAGE. 


[Div.III. 


be removed from his office. [As amended by Act approved June 30, 
1885. In force July 1, 1885. Laws 1885, p. 108. 

201. No second tax—Upper ditch benefited by lower ditch.] 

§ 51. When a ditch or drain of a district has been located under 
the provisions of this Act, of sufficient capacity to carry off the water 
that flows into it, and also to properly drain the land taxed for the 
construction of the same, such land shall not again be taxed or 
assessed for the purpose of improving any lands of any drainage 
district lying above the lands so drained and assessed. 

202, § 52—203, §53—204, § 54. Repealed, saving rights that 
have heretofore accrued thereunder. Laws 1913, p. 260. 

205. Corporate authorities assessed for benefits and dam¬ 
ages—Proceedings.] § 55. When a ditch, drain or levee, or other 
work established or repaired, or a combined system of drainage 
is located by the report of the commissioners, confirmed by the 
court or justice of the peace under this Act, drains or levees or 
proposes to drain or levee, either in whole or in part, any public 
or corporate road or railroad, or the streets and alleys of any 
municipal corporation, so as to benefit any of such roads, so that 
the roadbed or traveled tract or other property of such road will 
be improved by the construction of such ditch, drain or levee, the 
commissioners shall apportion to the county, State, or free turn¬ 
pike road, to the township, if a township road, to the company, 
if a corporate road or railroad, or to the municipal corporation 
in the case of streets and alleys, such proportion of the cost and 
expenses thereof as to private individuals, and. shall include such 
apportionment in said “commissioners’ roll of assessments of 
benefits and damages,” and give to the corporate authorities so 
benefited, or, in case they are damaged, to the said corporate 
authorities so damaged, or benefited and damaged, as the case 
may be, the same notice and at the same time as shall be given 
to private individuals; and the matter of the amount of such assess¬ 
ments of benefits and damages if not agreed upon, shall be sub¬ 
mitted to a trial by the same jury in the same manner as the 




Div. III.] 


DRAINS, DITCHES AND LEVEES. 


341 


jury shall view and examine such road, railroad, streets and 
alleys, and shall proceed to assess the damages and benefits in 
like manner as to the lands of individuals, and no other or dif¬ 
ferent notice shall be required to be given: Provided, that when 
the commissioners and the corporate authorities of the county, 
State or free turnpike, township road, corporate road, or rail¬ 
road, or municipal corporation, or any of them agree as to the 
amount that they or any of them should contribute, that the 
amount so agreed on shall be reported to the said jury when they 
meet to correct their assessment roll, and the amount so agreed 
upon shall be incorporated into said assessment roll when amended 
by said jury or commissioners: And, provided, further, that the 
amount so assessed against any railroad company or private cor¬ 
poration shall, upon the confirmation of the assessment roll by the 
county court, become a lien upon the real property of such rail¬ 
road company or private corporation, and have the same force 
and effect as a judgment at law in favor of such district against 
such railroad company or private corporation, and execution may 
issue thereon as upon judgments in courts of record in other cases, 
and shall have a like lien upon personal estate. In case such assess¬ 
ment is made against any township in this State the commissioners 
of highways of such town shall cause the same to be levied and 
paid to said district in the manner provided by sections 13, 14, 
15, and 16 of an Act entitled, “An Act in regard to roads and 
bridges in counties under township organization, and to repeal 
an Act and parts of Acts therein named,” approved June 23, 1883, 
or in such manner as may now or hereafter be provided by law: 
And, provided, further, that the sum assessed against either of said 
corporations shall not include the expenses of constructing, erect¬ 
ing or repairing any bridge, embankment or grade, culvert or other 
work of the roads of such corporations, crossing any ditch or drain, 
constructed on the line of any natural depression, channel or water¬ 
course ; but the corporate authorities of such road or railroad are 
hereby required, at their own expense, to construct such bridge, 
culvert or other work, or to replace any bridge or culvert tem¬ 
porarily removed by the commissioners in doing the work of such 
district. Full power and authority is hereby given the drainage 



342 


DRAINAGE. 


[Div. III. 


commissioners to remove such bridges or culverts for the purposes 
aforesaid, if they, in their judgment find it necessary. [As amended 
by Act approved and in force May 29, 1909. Laws 1909, p. 182. 

206. Commissioners to give notice to railroad company to 
construct or enlarge bridge or culvert, etc.] § 56. When any 
ditch or drain or other work of enlarging any channel or water¬ 
course is located by the commissioners on the line of any natural 
depression or watercourse, crossing the road of any railroad com¬ 
pany where no bridge or culvert or opening of sufficient capacity 
to allow the natural flow of water of such ditch or watercourse, 
is constructed, it shall be the duty of the commissioners to give 
notice to such railroad company to construct or enlarge such 
bridge or culvert or opening in the grade of such road, for such 
ditch or ditches or other work, of the dimensions named in such 
notice, within twenty days from the service thereof; and any rail¬ 
road company neglecting, failing, or refusing so to do, shall be 
liable to any owner of land in such district, for all damages to 
such land sustained by such neglect or refusal; and shall be liable 
to such district in the sum of twenty-five dollars ($25) for each 
day such company shall have neglected or refused to construct such 
work, after the time fixed in such notice for constructing the same 
shall have expired, which damages or penalty may be recovered 
before a justice of the peace, if within his jurisdiction, or before 
any court of competent jurisdiction. [Added by Act approved 
June 30, 1885. In force July 1, 1885. Laws 1885, p. 108. 

207. Meaning of the word ditch—What Act includes.] § 57. 
The word ditch when used in this Act, shall be held to include 
any drain or watercourse, and the petition for any drainage dis¬ 
trict shall be held to mean and include any side, lateral, spur or 
branch ditch or drain, whether open, covered or tiled, or any 
natural watercourse into which such drains, or ditches may enter 
for the purpose of outlet, whether such watercourse is situated 
in or outside of the district. And to secure complete drainage of 
the lands within any drainage district, the commissioners are 
hereby vested with full power to widen, straighten, deepen or 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


343 


enlarge any such watercourse, or remove driftwood or rubbish 
therefrom, whether such watercourse is situated in, outside of or 
below any drainage district; and when it is necessary straighten 
such natural watercourse by cutting of new channel upon other 
lands, the value of such lands to be occupied by such new chan¬ 
nel, and damages if any, made by such work, may be ascertained 
and paid in the manner that is now or may hereafter be provided 
by any law providing for the exercise of the right of eminent do¬ 
main in force in this State. The expenses of the work pro¬ 
vided for in this section shall be paid from moneys arising from 
assessments upon lands within the district. This section shall 
apply to any and all drainage districts that have been heretofore 
or may hereafter be organized under this Act. [As amended by 
Act approved May 14, 1903. In force July 1, 1903. Laws 1903, 
p. 163. 

208. Assessing lands benefited outside of district—Proceed¬ 
ings.] § 58. Any land lying outside of the drainage district as 
organized, the owner or owners of which shall thereafter make 
connection with the main ditch, or drain, or with any ditch, or 
drain within the district as organized, or whose lands are or will 
be benefited by the work of such district, shall be deemed to have 
made voluntary application to be included in such drainage dis¬ 
trict ; and thereupon the commissioners shall make complaint 
in writing, setting forth a description of such land or lands, 
benefited, and amount of benefits; the name of the owner or 
owners thereof, also, a description of the drain or ditch making 
connection with the ditches of such district, as near as may be, 
and file said complaint in the county court or before a justice of 
the peace. The court or justice of the peace shall fix a day, not 
less than fifteen days from such filing, when he will hear such 
complaint, and thereupon the commissioners shall give ten days’ 
notice thereof in writing; said notice shall embrace a copy of 
such complaint, and service thereof shall be by reading or delivering 
a copy thereof to such owner or owners, or by either publishing a 
copy of said petition or posting copies thereof within the territory 
sought to be annexed in the same manner as provided by section 3 of 
said act; and affidavit of such service shall be evidence thereof. At 



344 


DRAINAGE. 


[Div. III. 


the time fixed, or at a time continued from such time fixed, the 
court or justice of the peace, shall hear said cause, and if the com¬ 
plaint is before a justice of the peace and judgment is rendered in 
favor of said district, he shall record a copy of said complaint, and 
service of notice thereof together with his judgment thereon upon 
his docket, and if the district was organized before the county court, 
he shall transmit a certified copy of such complaint and judgment 
to the clerk of such court who shall file and record the same, or if 
the complaint was heard by the county court, in which such district 
was organized and judgment given in favor of said district, a record 
of such judgment giving a description of such lands annexed shall 
be made, and such lands described in the complaint in either case, 
shall be deemed a part of such district and shall be assessed as other 
lands therein. The assessments of benefits against such lands so 
added to said district, may be made at any time the commissioners 
may deem proper; and the assessment roll thereof shall be filed and 
recorded and proceedings thereon had as in other cases; or such 
lands may be assessed when all lands throughout the district are as¬ 
sessed. [As amended by Act approved and in force May 20, 1907. 
Laws 1907, p. 274. 

209. Constructing additional ditches—Proceedings.] § 59. 

If, after an assessment of lands throughout the district has been 
made for the purpose of constructing drains or ditches, or enlarging 
or repairing the main drains or ditches of said district, according to 
the profiles, plans and specifications of the commissioners, as re¬ 
ported and confirmed, there remain lands in particular localities in 
said district, which are in need of more minute and complete drain¬ 
age, and it shall appear to the commissioners that, in their judgment, 
additional ditches, drains, outlets, levees, pumping plants or other 
work are needed, in order to afford more complete drainage, they 
may prepare a special report as hereinafter provided and file the 
same and organize a sub-district in the manner hereinafter set forth 
without the necessity of a petition of the land owners therefor: 
Provided, that no sub-district organized upon the petition or report 
of the commissioners shall include territory embraced within the 
corporate limits of any city, village or incorporated town, unless, 
however, the proposition whether said territory shall be so embraced 




Div. III.] 


DRAINS, DITCHES AND LEVEES 


345 


shall have been submitted to the legal voters residing within said ter¬ 
ritory and said proposition shall have received favorably a majority 
of the votes cast at an election called for that purpose by the com¬ 
missioners and held within said territory, and in all cases .where, 
upon written application to the commissioners, signed by a majority 
in number of the adult land owners in such locality owning in the 
aggregate more than one-third of the land affected, or by the adult 
land owners of a major part of the land in such locality who con¬ 
stitute one-third or more of the owners of the land affected, it shall 
appear that additional ditches, drains, outlets, levees, pumping 
plants or other work are necessary in order to afford more complete 
drainage to such locality, it shall be the duty of such commissioners 
to examine such lands, and lay off and make plans, profiles and 
specifications of such additional work, and an estimate of the cost 
of the same and make a special report thereof, which special report, 
whether filed on petition of the land owners or not, shall describe all 
of the lands which will be either benefited or damaged by such addi¬ 
tional work, together with the names of the owners, when known; 
and said commissioners may use any money in their hands not other¬ 
wise appropriated to pay the necessary expenses of preparing said 
special report: Provided, said sum to be expended shall in no case 
exceed the sum of $500.00; the special report when prepared by the 
commissioners shall be filed with the clerk of the county court, and 
the commissioners shall give to all persons whose lands will be either 
benefited or damaged, whether they signed an application for addi¬ 
tional work or not, three weeks’ notice of the filing and hearing of 
such report in the manner required by section three (3) of this Act; 
said notice shall state that the commissioners will appear before 
the county court at a day mentioned in said notice, and ask said court 
for a confirmation of such special report; and upon said hearing the 
court shall pass upon said report and may permit the same to be 
amended, and if said report is confirmed and approved by the court, 
a special assessment of benefits and damages shall be made upon 
all the lands benefited or damaged by the proposed work, in the man¬ 
ner provided for the making of the original assessments of the 
benefits and damages by this Act; and like proceedings shall be had 
therein as in other cases of assessment of benefits and damages pro¬ 
vided by this Act; and the said commissioners may cause to be levied 



346 


DRAINAGE. 


[Div. III. 


an assessment of annual benefits in said sub-districts in the same 
manner as annual benefits are levied in original districts under this 
Act: Provided, that if said sub-district does not own or operate a 
pumping plant, such annual benefits shall not in any one year amount 
to more in the aggregate than a sum which would be produced by a 
levy of thirty cents per acre on all the lands within said sub-district. 

The affidavit of any of the commissioners, or any other credit¬ 
able person, of the posting and mailing thereof affixed to a copy of 
said notice shall be sufficient evidence of the posting and mailing of 
said notices, and the certificate of the publisher of the newspaper in 
which said notice was published, shall be sufficient evidence of the 
publication of such notice. 

Upon confirmation of said special report by the court, it shall be 
the duty of the court to declare all the lands found to be affected by 
the work proposed by said special report, to be organized into a sub¬ 
district, and all assessments received and collected in such sub-dis¬ 
trict, for the work of such sub-districts, shall be kept as a separate 
fund belonging to such sub-district, and said commissioners shall 
have the power if necessary to issue bonds against any assessment 
or assessments in said sub-district in the same manner as bonds are 
issued in original districts. 

The commissioners of the principal district shall be ex officio 
commissioners of the sub-district. 

Any lands lying outside of any sub-district as organized, the 
owner or owners of which shall thereafter make connections with 
any ditch or drain within any sub-district, or whose lands are 
or will be benefited by the work of such sub-district, shall be deemed 
to have made voluntary application to be included in such sub-dis¬ 
trict, and thereupon the commissioners shall make complaint as pro¬ 
vided in section fifty-eight of this Act as to lands lying outside of a 
drainage district as organized, and like proceedings shall be had 
thereon as in cases of complaints made under said section fifty- 
eight. [As amended by Act approved and in force June 27, 1913. 
Laws 1913, p. 269. 

210. Repeal.] Omitted. 

211. Emergency.] Omitted. 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


347 


212. When assessment invalid as to one or more tracts— 
Proceedings.] § 60. Whenever it shall appear to the court that 
any proceedings for the organization of a drainage district, or any 
assessment of damages or benefits under this Act, or any law of this 
State is invalid as to one or more tracts of land jointly or severally 
owned, situated in such district or any tract of land has been omitted 
from sych assessment by reason of clerical error or other mistake, 
or want of the proper notice or notices, as required by the Act to 
which this Act is an amendment, such want of notice shall not in¬ 
validate such organization, neither shall such assessment of benefits 
be lost to the district; but the commissioners of such district may file 
a petition against the owner or owners, his heirs or assigns, of such 
lands irregularly assessed or omitted in said court, describing in such 
petition the boundaries and name of the district, the land owned by 
defendants, the amount of damages and benefits assessed in favor of 
and against such lands, reciting such irregularity of notice and omis¬ 
sions, and praying the defects and omissions may be cured, and such 
assessments be made valid, and that the lands omitted, if any, may 
be assessed, or made a part of the district, as the case may be. 
[Added by Act approved June 30, 1885. In force July 1, 1885. 
Laws 1885, p. 108. 

213. Proceedings to make assessments valid.] §61. Upon 

the filing of such petition, process of summons shall be issued there¬ 
on, made returnable to said court, and served ten days before the 
next succeeding term thereof, or continued, as the case may be, for 
service, in the manner now provided by law for issuing and service 
of summons in chancery cases; and in case the defendants, or either 
of them, are non-residents of this State a like proceedings and prac¬ 
tice shall be had, and notice by publication shall be given as provided 
by such law in chancery cases. In case any defendants are minors, 
the court shall appoint a guardian ad litem who shall appear and 
defend in behalf of such minors; and every defendant served or 
notified as required in this Act shall by his answer show cause why 
the prayer of the petition should not be granted; and in default of 
such answer the court shall give judgment according to the prayer 
of such petition. In case the defendants file such answer, the court, 
on the trial of said cause, shall hear oral or written evidence, and 
give judgment therein, as in cases of equity, and may grant the 



348 


DRAINAGE. 


[Div. III. 


prayer of such petition: Provided, in case the petition asks to make 
valid an assessment of damages or benefits, or to make assessments 
in favor of or against lands omitted, the defendant, if he demands 
it, shall be entitled to a jury to view the premises, and make assess¬ 
ments de novo, or make assessments omitted, as to the lands named 
in the petition, and the jury shall be sworn and shall proceed in the 
manner provided by this Act, as near as may be, for making assess¬ 
ments and make a special assessment roll as to the lands named in 
the petition, and file the same in the county court within the time 
now provided by this Act for such return and filing, and such fur¬ 
ther proceedings and confirmation shall be had therein, as provided 
in this Act, in cases of other assessments; and the defendants may 
appeal from the confirmation of the jury or judgment of the county 
court, upon the same conditions provided by this Act for appeals 
from judgment in other cases of assessment of damages and benefits. 
[Added by Act approved June 30, 1885. In force July 1, 1885. 
Laws 1885, p. 108. 

214. Appointment of commissioners.] § 62. On the first 

Monday of September, in each district heretofore organized under 
this Act, and on the first Monday of September after any district 
may hereafter be organized under this Act, the county court shall 
appoint three commissioners for each respective district, one to serve 
one year, one two years and one for three years from the date of 
the first appointment under this section, and on the first Monday of 
September of each year thereafter the said court shall appoint one 
commissioner of said district who shall hold his office for three 
years, and until his successor is chosen and qualified, but in all dis¬ 
tricts now organized or hereafter to be organized for the construc¬ 
tion, reparation and protection of drains, ditches and levees for 
agricultural purposes, the court shall appoint as commissioner or 
commissioners, only such persons as shall be petitioned for by adult 
land owners representing a majority of the acreage embraced in the 
district: Provided, such petition is filed in said court on or before 
the first day of September aforesaid. In case such petition is not 
filed, as aforesaid, then said court, within ten days after the said 
first Monday in September, shall appoint some suitable person or 
persons as commissioner or commissioners of said district without 
such petition: Provided, that at any time after the drains, ditches 




Div. III.] 


DRAINS, DITCHES AND LEVEES. 


349 


or levees, for the construction of which the dsitrict was organized, 
have been finally completed, the court may, on petition therefor, as 
aforesaid, dispense with two commissioners, and thereafter appoint 
for such district, in accordance with this Act, but one commissioner, 
such one commissioner to hold office for the term of three years 
from his appointment, and until his successor is chosen and qualified, 
and he shall perform the duties and exercise the powers thereof 
vested and imposed upon the three commissioners of such district. 
Whenever, upon the petition of one or more land owners of said 
district, it shall appear to the court that additional work is needed in 
said district, the court may again appoint three commissioners for 
said district. [As amended by Act approved and in force June 27, 
1913. Laws of 1913, p. 270. 

215. Commissioner’s oath.] § 63. Each commissioner shall 
within ten days after his appointment take and subscribe the oath 
required by section 6 of this Act, and file the same with the clerk 
of the county court. And before making assessments as herein pro¬ 
vided, the commissioners shall take and subscribe an oath, substan¬ 
tially as follows, viz.: 

“We, .. commissioners of. 

district, do solemnly swear, [or affirm] that we will faithfully and impartially 
perform the duties required of us, to the best of our understanding and judg¬ 
ment, and make assessments of damages and benefits [or benefits as the case 
may be] in favor of or against the lands in said district, according to law.” 

Which oath or affirmation so subscribed shall be filed with the 
clerk of the county court. [Added by Act approved June 30, 1885. 
In force July 1, 1885. Laws 1885, p. 108. 

216. Bonds—How attested—Certified statement thereon.] 

§ 64. Each bond issued as provided for by section 38 of the Act to 
which this Act is an amendment, shall be attested by the clerk of the 
county court, and said clerk shall also make a certified statement 
thereon, affixing his seal of office thereto, of the total amount of 
assessments and rate of interest it bears, pledged for the payment 
of said bond and other bonds, if any issued; the date, number, de¬ 
nomination and time due of all bonds issued which are a lien upon 
the assessments or installments of assessments of the district; when 
the assessments were confirmed by the county court, and the num¬ 
ber of acres of land in the district against which said assessments 
were made. [Added by Act approved June 30, 1885. In force July 
1, 1885. Laws 1885, p. 108. 





350 


DRAINAGE. 


[Div. III. 


217. When question of organizing drainage district may be 
submitted to vote—Election.] §65. Whenever a petition, 
signed by the owners of lands situated in any drainage district 
organized under any law of this State, other than the Act to 
which this is an amendment, equal in number to one-fifth of the 
adult owners of lands in such district, shall be presented to the 
town clerk of the township in which the lands of such district, 
or a major part thereof lie, or the commissioners of any drainage 
district not under township organization, praying to submit the 
question whether such district will become organized as a drain¬ 
age district under this Act, to the decision of the adult owners 
of lands in such district, it shall be the duty of the town clerk, 
or such commissioners, to submit the same accordingly; and to 
fix the time and place within such district for holding such 
election and make a record thereof; and to appoint the three 
judges to hold such election; and to give notice of the time 
and place and purpose of such election by causing at least five 
notices thereof to be posted in public places in such district, for 
at least fifteen days prior to holding such election. Each owner 
residing within or out of such district shall have the right to 
cast a ballot at such election, with the words thereon, “for or¬ 
ganization under the drainage and levee Act,” or “against organiza¬ 
tion under the drainage and levee Act”; the judges of such elec¬ 
tion shall be sworn as required by law in force concerning State 
and municipal elections, and shall make returns of the poll-books 
of such election, as soon as practicable, after the election is held, 
to the clerk of the county court of the county in which such dis¬ 
trict or the greater part of the lands thereof are situated; or, to 
the justice of the peace of the precinct in which such drainage 
district is situated, if the first assessment, of such district, did 
not exceed the sum of one thousand dollars. The clerk of the 
county court or justice of the peace, to whom such returns have 
been made, shall canvass such returns and cause a statement of 
the result of such election to be entered of record, and if a ma¬ 
jority of the votes are “for organization under the drainage and 
levee act,” the officer canvassing such returns, shall send a certi¬ 
fied copy of such record to the town clerk, or other officer having 
in his custody the records of such district, whose duty it shall be 
to file and record such certified copy of the result of such election, 
in the drainage record of such district; and such district shall, 
from thenceforth, be deemed to be duly incorporated as a drain¬ 
age district, under this Act, and all further proceedings and work 
of such district shall, thereafter, be in the manner provided by 
this Act, but the officers of such district, then in office, shall con¬ 
tinue as like officers of such district, until their successors shall 
be appointed and qualified, under the provisions of this Act. It 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


351 


shall be the duty of the drainage commissioners, treasurer and 
other officers of any drainage district whose terms of office ex¬ 
pire, by reason of adopting the organization under this Act, or 
whenever a successor or successors to any or either of the officers 
provided by this Act shall have been appointed and qualified, 
to transfer and deliver all moneys, books and papers appertaining 
to his office, to such successor or successors in office. [Added 
by Act approved June 30, 1885. In force July 1, 1885. Laws 
1885, p. 108. 

218. Penalty for injuring drain.] §66. Any person who 
shall wrongfully and purposely fill up, cut, injure, destroy, or in 
any manner impair the usefulness of any drain, ditch or other 
work, constructed under this chapter, or heretofore constructed 
under any law of this State, or that may have been heretofore or 
may hereafter be voluntarily constructed for the purpose of 
drainage or protection against overflow, may be fined in any 
sum not exceeding two hundred dollars, to be recovered before a 
justice of the peace in the proper county, or if the injury be to 
any levee whereby lands shall be overflowed, he may, on con¬ 
viction in any court of competent jurisdiction, be fined in any 
sum not exceeding five thousand dollars; and shall be deemed 
guilty of a felony and imprisoned in the State penitentiary for a 
term of not less than one, nor more than five years, at the dis¬ 
cretion of the court. All complaints under this section shall be 
in the name of the people of the State of Illinois, and all fines, 
when collected, shall be paid over to the proper commissioners, 
to be used for the work so injured. 

219. Liable for Damages for injuring drain.] § 67. In ad¬ 
dition to the penalties provided in the preceding section, the per¬ 
son so wrongfully and purposely filling up, cutting, injuring, de¬ 
stroying or impairing the usefulness of any such drain, ditch, levee or 
other work, by obstructing or filling up of any natural stream, or 
outlet, within or beyond the drainage district shall be liable to 
the commissioners having charge thereof, for all damages occa¬ 
sioned to such work, and to the owners and occupants of land 
for all damages that may result to them by such wrongful Act, 
which may be recovered before a justice of the peace, if within his 
jurisdiction, or before any court of competent jurisdiction. 

220. Act construed.] § 68. This Act shall not be con¬ 
strued to repeal or interfere with any other law on the subject 
of drainage passed by this or any subsequent General Assembly. 

221. Repeal.] §69. The following Acts are hereby re¬ 
pealed : “An Act to provide for the construction and protection 



352 


DRAINAGE. 


[Div. III. 


of drains, ditches, levees and other works,” approved April 24, 
1871; “An Act to provide for the registration of drainage and 
levee bonds, and to secure the payment of the same,” approved 
April 9, 1872. But the repeal of said Acts shall not affect any 
suits that may be pending or any rights that may have accrued 
at the time this Act shall take effect. 

222. Emergency.] § 70. Whereas, There is no law now in 
force, providing for the construction of drains, ditches and levees, 
by special assessment* therefore an emergency exists, and this 
Act shall be in force from and after its passage. 

223. Drainage districts under this Act declared legally or¬ 
ganized.] § 71. All drainage districts heretofore organized un¬ 
der the Act, to which this Act is an amendment, for drainage and 
levee purposes, or to establish a combined system of drainage 
in such district, or for either of such purposes, in whole or part, 
be and the same are hereby declared legally organized, and all 
such districts shall be held to have been, and to be legally or¬ 
ganized under the laws of this State. [As amended by Act ap¬ 
proved June 30, 1885. In force July 1, 1885. Laws 1885, p. 108. 

224. Credit on assessment for work.] § 72. In case any 
person assessed for benefits, contracts to do any work, and said 
work is done according to contract, the commissioners shall give 
said person a receipt for so much of said assessment as said work 
amounts to, and said receipt may be received by the treasurer 
as payment of so much of said assessment: Provided, That 
when bonds have been issued by said district, such contractor 
shall have an order on the funds in the hands of the treasurer 
for said amount. [As amended by Act approved June 30, 1885. 
In force July 1, 1885. Laws 1885, p. 108. 

225. How commissioners may sell or lease land.] § 72a. 

The commissioners of any drainage district organized under 
this Act are hereby authorized to lease of sell at public auction 
any land that may come into their possession in the manner 
provided for in sections numbered 32 and 72 of this Act, in such 
manner and on such terms as they may deem for the best in¬ 
terests of the district: Provided, That in all cases of sale 
of such land the sale be either at the door of the Court House, 
where judicial sales of land are usually made, or else on the 
premises to be sold, as the commissioners may order and di¬ 
rect. [Added by Act approved May 11, 1901. In force July 1, 
1901. Laws 1901, p. 163. 



Div. III.] 


DRAINS, DITCHES AND LEVEES. 


353 


226. Real estate, when and how sold.J § 72b. No real 
estate shall be sold by virtue of the preceding sections except 
between the hours of nine o’clock in the morning and the set¬ 
ting of the sun on the same day, nor unless the time (specify¬ 
ing the particular hour of said day at which said sale shall 
commence) and the place of holding such sale shall have been 
previously advertised weekly for four -successive weeks in a public 
newspaper printed and published in the county where said sale 
shall be made, if there be any newspaper printed and pub¬ 
lished in such county, and in addition thereto by putting up 
written or printed notices thereof in at least four of the most 
public places in the county where said real estate is situated; 
in all of which notices the real estate to be sold shall be de¬ 
scribed with reasonable certainty. [Added by Act approved 
May 11, 1901. In force July 1, 1901. Laws 1901, p. 163. 

227. To what this Act applies.] § 73. The Act to which 
this Act is an amendment, except as herein expressly provided, 
shall apply to “drainage and levee districts” and districts or¬ 
ganized for the purpose of establishing a combined system of 
drainage independent of levees. [As amended by Act ap¬ 
proved June 30, 1885. In force July 1, 1885. Laws 1885, p. 108. 

228. Repeal—Rights saved.] §74. That sections numbered 
from 50 to 65, both inclusive, of the Act to which this Act is an 
amendment, be and the same is hereby repealed; but the repeal of 
said sections shall not affect any suits that may be pending or 
any rights that may have accrued at the time this Act shall have 
taken effect; and this section shall not be construed to repeal 
Sections 48 and 49 of said Act, known in this Act as sections 50 
and 51, and above recited as amended in full; nor shall this 
section be construed to repeal sections numbered from 52 to 65, both 
inclusive, which are above recited at large, as additional sections 
of the Act to which this Act is an amendment. This Act shall 
not be construed to interfere with the execution and enforcement 
of other laws on the subject of drainage passed by this General 
Assembly. [Added by Act approved June 30, 1885. In force 
July 1, 1885. Laws 1885, p. 108. 

229. Drainage districts formed by mutual agreement—Com- 
missioners.] § 75. Owners of lands which require combined 
drainage and protection from overflow, may form drainage and 
levee districts, by mutual agreement, to include lands, of their 
own only, by an instrument in writing duly signed and acknowl¬ 
edged and recorded in the drainage record. The mutual agree¬ 
ment may include the location and character of work to be done; 



354 


DRAINAGE. 


[Div. III. 


the adjustment of damages; the classification; the amount of 
taxes to be levied; how the work shall be done, or so much of 
these, or more, as may be agreed upon, and to this extent shall 
be as valid as though formed in the mode as hereinbefore pro¬ 
vided, and may ask the judge of the county court to appoint 
three commissioners whose powers and duties thereafter shall 
be the same as prescribed by other districts, and they shall com¬ 
mence acting at the point reached at the aforesaid agreement: 
Provided, that the said agreement may include the selection 
of three drainage commissioners from their own number or from 
others, and their terms of office shall be until the first Monday of 
September thereafter, or for this term and for one year in addi¬ 
tion, as may be agreed at the time of their appointment, and at 
the annual meeting thereafter the majority of the land owners 
may choose, by ballot, three commissioners to serve, one for one 
year, one for two years and one for three years from the date 
of appointment, and on the first Monday of each year thereafter 
the land owners may elect one commissioner of said district 
who shall hold his office for three years and until his successor 
is chosen and qualified. The powers and duties of the commis¬ 
sioners of a district by mutual agreement, and the mode and 
effect of special assessments, shall be the same as provided for 
other districts organized under this Act, and all the powers, 
rights and benefits of every kind given to drainage districts or¬ 
ganized by petition to the county court shall be had by drain¬ 
age districts organized by mutual agreement, and districts or¬ 
ganized by mutual agreement may do as fully all work mutually 
agreed upon, as though surveys, plats and profiles, etc., were 
made and filed in said matter, and contracts for work to be done 
in said district may be let in parts, or the whole of said work 
may be let in one contract as is provided in this Act, as seems to 
be for the best interest of the parties concerned. [Added by Act 
approved and in force May 20, 1907. Laws 1907, p. 274. 

230. Repeal.] § 76. And be it further enacted, that section 25 
of said Act be and the same is hereby repealed; saving and re¬ 
serving, however, any rights that may have heretofore accrued 
thereunder. 

231. Emergency.] § 77. Whereas, Owing to the uncertain 
condition of the law of this State, on the subject of assessing 
benefits and damages either by jury or by the commissioners, 
an emergency exists, therefore this Act shall be in force from and 
after its passage. 



Div. III.] ADJOINING DRAINAGE DISTRICTS. 355 


ADJOINING DRAINAGE DISTRICTS—CONNECTION. 


AN ACT to enable adjoining drainage districts to connect their ditches, 
drains, levees, or other works, and to provide for the apportionment 
of the cost of the construction, operation and maintenance of the work 
of a drainage district where lands in an adjoining district are benefited 
thereby, and to repeal an Act therein named. [Approved June 28, 1913. 
In force July 1 , 1913. Laws 1913, p. 271.] 


232. Connection with adjoining district authorized. 

233. District benefited liable for portion of cost of work, etc. 

234. Contracts to adjust amounts to be paid by each district—approval of 

contract by county court. 

235. Notices of hearing on approval of contract. 

236. Proceedings at hearing—review. 

237. Duty of commissioners where no contract made or contract dis¬ 

approved. 

238. Summons against district benefited—where heard—practice. 

239. Court to determine sum and render judgment. 

240. What petitioning district need not prove—set off by defendant. 

241. Report of annual benefits to court—hearing—summons—practice. 

242. Court to determine amount of annual benefits. 

243. Judgment—order for collection of annual benefits from land owners. 

244. Payment of judgment. 

245. Suit against corporate authorities. 

246. Trial by jury—venire. 

247. Limitation of action or pleading. 

248. Repeals Act of 1903 —rights saved. 

249. Invalid portion not to affect valid portion. 

232. Connection with adjoining district authorized.] § 1. 

Be it enacted by the People of the State of Illinois , represented in 
the General Assembly: That any drainage district organized under 
any law of this State, shall have the right to connect its levees, 
ditches, or drains with the levees, ditches, or drains of any adjoining 
district. 

233. District benefited liable for portion of cost of work, etc.] 

§ 2. That whenever any drainage district heretofore, or that may 
hereafter be organized under any law of this State, constructs, en¬ 
larges, extends or improves its ditch, ditches, drains, levees, or 
pumping plant or plants, or which has heretofore constructed, en¬ 
larged, extended or improved its ditches, drains, levees, or pumping 
plant or plants, within or beyond its boundaries in the manner pro¬ 
vided by law, so as to benefit the lands or any part thereof, within 
any adjoining drainage district, such district so benefited shall be 
liable to the first mentioned district for the just proportion of the 




356 


DRAINAGE. 


[Div. III. 


cost of such work or improvement and the maintenance, operation 
and repair thereof, based upon the amount each district will be bene¬ 
fited thereby; and the fact that the district constructing the work or 
improvement herein mentioned, is organized and operating under a 
different law of this State from that under which the other district 
so benefited is or was organized or is operating, shall not preclude a 
recovery hereunder by such district making such improvement. 

234. Contracts to adjust amounts to be paid by each district 
—approval of contract by county court.] § 3. Whenever any 
such district constructs, enlarges, extends or improves its ditch, 
ditches, drains, levees, or pumping plant or plants, or which has 
heretofore constructed, enlarged, extended or improved its ditches, 
drains, levees or pumping plant or plants, in the manner provided in 
the preceding section so as to benefit the lands of any other adjoining 
district, the commissioners of said district may enter into contract, 
in writing, settling and adjusting the respective amounts to be paid 
by each of said districts for the construction, operation and the main¬ 
tenance of said work. Upon entering into said contract, the com¬ 
missioners of the district so constructing, enlarging, extending or 
impro\ing its said ditch, ditches, drains, levees or pumping plant or 
plants, or which has heretofore constructed, enlarged, extended or 
improved its ditches, drains, levees or pumping plant or plants, shall 
file a petition in the county court of the county where said district 
was organized, asking for the approval of said contract by said court 
to which shall be attached a copy of said contract. 

235. Notices of hearing on approval of contract] § 4. Upon 
the filing of said petition, the court shall set the same for hearing 
and the clerk of said court shall cause two weeks’ notice of said 
hearing to be given by publishing a notice thereof for two successive 
weeks in some newspaper or newspapers published in the county or 
counties where such interested districts are situated, in whole or in 
part, and by posting up four copies thereof in four of the most public 
places within each of said districts; such notice shall be addressed to 
‘‘All persons interested,” and shall state when and in what court said 
petition was and is filed, the time and place of hearing thereon, and 
the general purpose of such hearing. Also, at least 7 days before the 
time fixed for said hearing, the said clerk of said court shall mail, 
postage prepaid, to each one of the property owners in said drainage 
districts, a notice of the time, place and general purpose of said hear¬ 
ing; Provided, that where the land owners are unknown or their 
address [es] cannot upon diligent inquiry be found, then the service 
herein by posting and publication shall be sufficient service. The 
certificate of the clerk of said court or the affidavit of any other 
credible person that said notice has been published and posted and 



Div. III.] 


ADJOINING DRAINAGE DISTRICTS 


357 


the said notice mailed, postage prepaid, to each of said property 
owners as herein required shall be sufficient proof of these facts. 

236. Proceedings at hearing—Review.] § 5. Upon such 
hearing, all persons interested shall have a right to be heard, and the 
court shall make an order approving or disapproving such contract, 
as the circumstances of the case shall require. If, upon such hear¬ 
ing said contract shall be approved, the same shall thenceforth be 
binding upon said districts and their successive commissioners and 
shall be and constitute the measure of liability of each of said dis¬ 
tricts to the other, on account of such construction, operation and 
maintenance: Provided, nothing contained herein shall in any way 
be construed to prevent or interfere with the right of said drainage 
districts, or either of same, or any one or more of the interested land 
owners in either of said districts, from having the decision or judg¬ 
ment of said court reviewed, either upon appeal or writ of error pre¬ 
cisely in the same way and under the same rules of law and practice 
as now appertain to other matters in law or chancery. 

237. Duty of commissioners where no contract made or 
contract disapproved.] § 6. In case the commissioners of the 
said adjoining drainage districts shall fail to enter into a contract 
settling and adjusting the liability of each to the other, as provided 
in section 3 of this Act, or in case such contract may have been en¬ 
tered into and disapproved by the county court on a hearing, under 
section 5 of this Act, it shall be the duty of the commissioners of 
such first mentioned districts to file a petition, sworn to by at least 
two of the commissioners of said district, in the county court of the 
county where such district first mentioned was organized, against 
such other district, setting forth the facts and other matters under 
which it claims relief, together with a map, profile and specifications 
of the improvement or work done or proposed to be done by said 
district, and an estimate of the cost thereof. 

238. Summons against district benefited—Where heard— 
Practice.] § 7. Upon the filing of such petition the usual com¬ 
mon law summons shall issue out of said court against such other 
district benefited by the work of the petitioning district, which sum¬ 
mons may be directed to any county in the State for service and re¬ 
turn, and shall be served upon the commissioners of such other dis¬ 
trict as in common law cases. Said cause shall be heard and tried 
at any probate or common law term of said court, and the practice 
shall be as in cases at common law. 

239. Court to determine sum and render judgment.] § 8. 

Upon the hearing of said cause the court in which said petition was 



358 


DRAINAGE. 


[Div. III. 


filed shall determine from the evidence what sum, if any, either dis¬ 
trict shall receive from the other and shall render judgment there¬ 
for accordingly. 

240. What petitioning district need not prove—Set off by 
defendant.] § 9. Upon such hearing it shall not be necessary 
for the petitioning district to prove or establish that it has completed 
the construction of the work or improvement herein referred to, but 
it shall be sufficient that such work or improvements be laid out and 
approved by the authority provided by law. In such proceeding it 
shall be competent for the defendant district to set off or recoup any 
benefits occasioned to such petitioning district, or the lands thereof, 
by reason of any work or improvement constructed or authorized to 
be constructed by such defendant district. 

241. Report of annual benefits to court—Hearing—Sum¬ 
mons—Practice.] § 10. Whenever a drainage district adjoin¬ 
ing any other drainage district shall operate and maintain any ditch, 
ditches, drains, levees or pumping plant or plants, the operation or 
maintenance of which shall benefit in any degree the district so ad¬ 
joining such drainage district, or the lands thereof, and where con¬ 
tract has not been entered into and approved as provided by sections 
3, 4 and 5 of this Act, the commissioners of said district so operating 
or maintaining such works shall annually in the July term of the 
county court of the county where said district was organized, file 
a report and estimate showing the amount of annual benefits esti¬ 
mated to be required for the operation and maintenance of such 
works for the ensuing year and what proportion thereof they esti¬ 
mate should be borne by each of said districts. Upon the filing of 
said report the court shall set the same for hearing and a summons 
shall issue, directed to any county in the State, against the commis¬ 
sioners of said adjoining district: Provided, at least ten days shall 
intervene between the date of service on said commissioners and 
such hearing, and that service upon any one or more of said commis¬ 
sioners shall be sufficient service on the district which such commis¬ 
sioner or commissioners so served represents or represent. Upon 
such hearing, the practice shall be as in common law cases, and said 
hearing may be had in either the law or probate term of said court. 

242. Court to determine amount of annual benefits.] § 11. 

Upon said hearing the court shall determine what amount shall be 
necessary for annual benefits for the district so filing said report and 
what proportionate amount of the same shall be borne by each dis¬ 
trict, and on such hearing said defendant district shall have the right 
to set off or recoup any benefits occasioned by the operation or main¬ 
tenance of its improvements to the said district so filing such report. 



Div. III.] 


ADJOINING DRAINAGE DISTRICTS. 


359 


243. Judgment—Order for collection of annual benefits from 
land owners.] § 12. Upon the conclusion of said hearing, the 
court shall enter judgment according to the finding of the court and 
shall order and direct each of said districts to proceed to collect, 
from the land owners of said districts, as benefits, the respective 
amounts which said court has found should be borne by such respec¬ 
tive districts, and which annual benefits shall be assessed and col¬ 
lected according to the provisions of the laws under which said dis¬ 
tricts shall be organized, and when so collected, shall be paid as pro¬ 
vided in the order of said court entered on the hearing on the said 
report of said commissioners. 

244. Payment of judgment.] § 13. The commissioners of 
the district agreeing to pay or against which judgment shall be en¬ 
tered, as provided for in this Act, shall without delay pay the same 
out of the funds of said district, if any, that may be lawfully applied 
for that purpose; otherwise the commissioners of the district, against 
which judgment is entered or which shall have agreed to pay as 
aforesaid, shall without delay levy an assessment against the lands 
of such district for the purpose of paying such judgment, in the man¬ 
ner provided by the law under which said district may be organized, 
or operating. 

245. Suit against corporate authorities.] § 14. In case the 
district by or against which proceedings may be instituted under this 
Act is authorized by law to sue or be sued in the name of the cor¬ 
porate authorities thereof and not in the name of the district itself, 
then in such case, the proceeding hereinbefore mentioned shall be 
brought by or against such district, as the case may be, in the name 
of the proper corporate authorities thereof. 

246. Trial by jury—Venire.] § 15. In any proceeding 
under the provisions of this Act, any party thereto, on request, shall 
be entitled to a trial by jury. In any such case the clerk of said 
court shall issue a venire or venires for such number of jurors as the 
said court may order, and from whom said jury shall be selected, as 
in other cases at common law. 

247. Limitation of action or pleading.] § 16. The period 
of limitation of any suit or proceeding brought under the provisions 
of this Act, or upon any set-off or recoupment pleaded as a defense 
in any such suit or proceeding, shall be ten years from the time of 
the constructing, enlarging, extending or improving such ditch, 
ditches, drains, levees, pumping plant or plants. 

248. Repeals Act of 1903— Rights saved.] § 17. That an 
Act entitled, “An Act to require drainage districts lying above a 



360 


DRAINAGE. 


[Div. III. 


lower drainage district, or emptying into a lower drainage district, 
whether such district be organized under the same, or different 
drainage laws of this State, to pay to the lower drainage district, for 
benefits received, if any, by the lands of the upper district, by the en¬ 
larging or improving of the ditches or drains of the lower district, or 
the construction of an outlet or outlets from the ditches or drains of 
the lower district, within or outside the boundaries of said lower dis¬ 
trict; and to provide for the collection and payment of such bene¬ 
fits,” approved May 14, 1903, in force July 1, 1903; as amended by 
an Act approved and in force April 13, 1911, be and the same is 
hereby repealed, saving and reserving, however, any rights that may 
have accrued thereunder. 

249. Invalid portion not to affect valid portion.] § 18. The 

invalidity of any portion of this Act shall not affect the validity of 
any other portion thereof which can be given effect without such in¬ 
valid part. 


ADJOINING DRAINAGE DISTRICTS-JOINT WORKS. 

AN ACT to enable adjoining drainage districts to construct and erect a 
joint pumping station or joint pumping stations, ditches, levees, or 
other works, to contract for the proportion of the cost of construction 
and maintenance of the same to be paid by each, and providing for the 
approval of the same. [Approved June 27, 1913. In force July 1, 1913. 
Laws 1913, p. 276.] 

250. Joint systems authorized. 

251. Contract in writing. 

252. Petition to county court for approval of contract. 

253. Notice of hearing. 

254. Hearing on contract—measure of liability—subsequent contract. 

255. Appeal to Supreme Court. 

250. Joint systems authorized.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That adjoining drainage districts, whether organized under the same 
or different laws of this State, may construct and erect a joint pump¬ 
ing station or joint pumping stations, ditches, levees, or other works, 
and may maintain and operate the same as hereinafter provided. 

251. Contract in writing.] § 2. That whenever the com¬ 
missioners of any adjoining drainage districts may determine that it 



Div. III.] 


ADJOINING DRAINAGE DISTRICTS. 


361 


is necessary or advisable to construct, erect, maintain and operate, a 
joint pumping station or joint pumping stations, ditches, levees, or 
other works for the joint use of both districts, they may enter into 
contract in writing providing for the construction, erection, oper¬ 
ation and maintenance of the same, and providing for the apportion¬ 
ment of the cost of the same between said districts. 

252. Petition to county court for approval of contract.] § 3. 

Upon entering into such contract, the said commissioners shall file 
a petition in the county court of the county where said districts are 
located, or if said districts are located, in whole or in part, in two 
or more counties, in one of said counties, asking for the approval of 
said contract by said court, to which shall be attached a copy of said 
contract. 

253. Notice of hearing.] § 4. Upon the filing of said peti¬ 
tion, the said court shall set the same for hearing and the clerk of 
said court shall cause two weeks’ notice of said hearing to be given 
by publishing a notice thereof for two successive weeks in some 
newspaper or newspapers published in the county or counties where 
such contracting districts are situated, in whole or in part, and by 
posting up four copies thereof in four of the most public places 
within each of said districts; such notices shall be addressed to “All 
persons interested,” and shall state when and in what court said peti¬ 
tion was and is filed, the time and place of hearing thereon, and the 
general purpose of such hearing. The certificate of the clerk of said 
court or the affidavit of any other credible person that said notice 
has been published and posted as herein required shall be sufficient 
proof of these facts. 

254. Hearing on contract—Measure of liability—Subse¬ 
quent contract.] § 5. Upon such hearing, all persons interested 
shall have a right to be heard and the court shall make an order ap¬ 
proving, modifying or disapproving such contract, or shall make any 
other order, as in the circumstances of the case shall require. If, 
upon such hearing, the said contract, as so presented, or as modified 
by order of said court, be approved, the same shall thenceforth be 
binding upon said districts and their successive commissioners and 



362 


DRAINAGE. 


[Div.III. 


shall be and constitute the measure of liability of each of said dis¬ 
tricts to the other, on account of such construction, erection, main¬ 
tenance and operation, until the same may be modified or set aside 
by a subsequent contract between the commissioners of said districts, 
approved as herein provided. 

255. Appeal to Supreme Court.] § 6. Appeals from any 
order entered under this Act may be taken to the Supreme Court of 
this State by any person interested. 



Div. IV.] 


FENCES. 


363 


DIVISION IV. 

FENCES. 

AN ACT to revise the law in relation to fences. [Approved March 21, 

1874. In force July 1, 1874. Revised Stat. Chapter 54.] 

1. Fence viewers. 

2. What constitutes a legal fence. 

3. Division fences. 

4. When lands inclosed—Contribution. 

5. Value of fence, etc., ascertained. 

6. Neglect to repair and rebuild. 

7. Disputes settled. 

8. Choice of viewers—notice. 

9. Viewing fence—Disagreement. 

10. Decision. 

11. Neglect—Damages. 

12. Making and repairing fence destroyed. 

13. Refusing to make or repair. 

14. Removal of division fence. 

15. Removal without notice. 

16. Mistake in locating fence. 

17. When removal may not be made. 

18. Viewers may examine witnesses, etc. 

19. Fees. 

20. Trespass—Damages. 

21. Damages— feasant —Rescue. 

22. Hedge fences. 

23. Hedge fences along highways. 

24. Non compliance of Act—penalty. 

25. Non-resident owners—cost of trimming. 

1. Fence viewers.] § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That in 
townships, tinder township organization the town assessor and 
commissioners of highways shall be ex officio fence viewers in 
their respective towns. In counties not under township organiza¬ 
tion the county board, at their annual meeting in December, 
shall appoint three fence viewers in each precinct, who shall hold 
their office for one year, and until their successors are appointed. 1 
[Laws 1861, p. 221, § 4; Laws 1857, p. 160, § 14. 

2. What constitutes a legal fence.] §2. Fences four and 
one-half feet high, and in good repair, consisting of rails, timber, 
boards, stone, hedges, barb wire, or whatever the fence viewers 
of the town or precinct, where the same shall lie shall consider 

(1) The duties of fence viewers are chiefly judicial, hence they should not be 
of kin to either party. Sanborn v. Fellows, 22 N. Hamp. R. (2 Fost.), 473. 





364 


FENCES. 


[Div. IV. 


equivalent thereto, shall be deemed legal and sufficient fences: 
Provided, that in counties under township organization, the elec¬ 
tors, at any annual town meeting, may determine what shall 
constitute a legal fence in the town, and in counties not under 
township organization, the power to regulate the height of fences 
shall be vested in the county board. 2 [As amended by Act ap¬ 
proved May 4, 1887. In force July 1, 1887. Laws 1887, p. 188. 

3. Division fences.] § 3. When two or more persons shall 
have lands adjoining, each of them shall make and maintain a 
just proportion of the division fence between them, and if said 
fence shall be a hedge fence, then the owner or owners of such 
hedge fence shall, during the year after such hedge has attained 
the age of seven years, cut back or trim such hedge fence to a 
height not to exceed four feet, and shall at least once in every 
two years thereafter, cut back or trim such hedge fence to the 
height of five feet: Provided, that the provisions of this section 
shall not apply to any hedge fence protecting either an orchard 
or buildings, or wind break, not to exceed thirty rods. If the 
owner or owners of such hedge fence shall fail or refuse to com¬ 
ply with the provisions of this Act, on or before the fifteenth 
day of June in the year that said hedge should be cut or 


(2) A fence is nothing more than a line or obstacle to restrain or exclude 
animals, or to serve as notice of possession, and may be composed of anything and 
in such manner as to answer such purpose. Allen v. Tobias, 77 Ill. R., 169. 

A division fence between adjoining land owners may be established by agree¬ 
ment of the parties, as well as under the statute. D’Arcy v. Miller, 86 Ill. R. 
102. The agreement should be reduced to writing, each party taking a copy, 
although a parol agreement for partition is held to be valid. Guyer v. Stratton, 
29 Conn. R., 421. 

Form of Agreement to Divide and Maintain a Division Fence Between 

Adjoining Owners. 

This agreement, made this - day of -—, A. D. one thousand 

nine hundred and -, between A. B., of the town of -, in the county 

of -, and State of Illinois, of the one part, and C. D., of the same 

town, of the other part, witnesseth, that whereas the said A. B. has here¬ 
tofore erected a fence on the division line between his lands and the lands 
of the said C. D., which said fence commences at [describe the location of 
the fence]. And whereas, after the erection of said fence, the said C. D. 

inclosed a field on the east side of said division line, so that- rods of 

said fence, commencing at the, etc. [describe the location of said portion of 
the fence], has become and now is a partition fence between the fields of 
the said A. B. and C. D.; and whereas, the said C. D. has paid to the said 

A. B. - dollars, being in full for one-half of the value of said - 

rods of fence, it is therefore agreed between the parties hereto that the- 

rods of fence on the north part of said-rods shall be well and sufficiently 

maintained and kept in repair by the said A. B., and the remainder of said 
-rods shall be kept in like repair by the said C. D. 

In witness whereof, the said parties have hereunto set their hands and 
seals the day and year first above written, 














Div. IV.] 


EXAMINATION OF FENCES. 


3G.“) 


trimmed, any one of the owners of such division fence having 
complied with the provisions of this Act may give the owner or 
owners, or their agents, of any such uncut or untrimmed hedge, 
ten days’ notice, in writing, to cut or trim such hedge. And 
should the owner or owners, or their agents, so notified fail or 
refuse to comply with said Act it shall be lawful for the person 
giving said notice to cut or trim or cause to be cut or trimmed 
in accordance with law, and the cost and damage of cutting or 
trimming such hedge may be recovered off of the owner or own¬ 
ers of such hedge before a justice of the peace or any court of 
competent jurisdiction. [As amended by Act approved June 1, 
1889. In force July 1, 1889. Laws 1889, p. 156. 

4. When lands inclosed—Contribution.] §4. When any 
person shall have chosen to let his land lie open, if he shall 
afterward inclose the same, or if any owner of land adjoining 
upon the inclosure of another shall enclose the same upon the 
inclosure of another, he shall refund to the owner of 
the adjoining lands a just proportion of the value at that time 
of any division fence that shall have been made by such adjoin- 


The liability imposed by statute upon the owners of adjoining land to con¬ 
tribute their just share towards the costs, etc., of a division fence is fixed at the 
time the fence becomes a division fence. The grantee of one who has built a di¬ 
vision fence does not succeed to the right of his grantor to enforce contribution from 
the adjoining owner. This right, being a mere chose in action, is not the subject 
of assignment. Hale v. Andrews, 75 Ill. R., 252. 

It is a legal incident attached per se to all lands enclosed and holden in sev¬ 
eralty, running with them perpetually and unaffected by ulterior divisions and sub¬ 
divisions, that each of the adjoining proprietors shall make and maintain one-half 
of the division fences. So, where a division fence has been apportioned between ad¬ 
joining owners, and the land on either side becomes thereafter subdivided, by con¬ 
veyance, between two or more grantees, they may call for a new apportionment or 
division of such fence, according to this changed condition of ownership. Wright 
v. Wright, 21 Conn. R., 329. 

The statute does not require that the portion of division fence assigned to each 
owner should be contiguous. Prescott v. Mudgett, 13 Maine R., 423. 

An occupant of land who is bound to maintain a fence between his own and an 
adjoining inclosure, may place half of a fence, of reasonable dimensions, on the 
land of the adjoining owner; and he may cut half of a ditch on the land of such 
owner, when a ditch is proper for a partition fence. Newell v. Hill, 2. Mete. R., 
(Mass.), 180. 

It has become a part of the common law of this country, that adjoining owners 
of farms may erect crooked or Virginia fences, as division fences, occupying the 
necessary quantity of land upon each side of the mathematical line, and that such 
fence is a fence in contemplation of law, upon the line between the adjoining farms, 
and is a fence on the side of the farm. Perris v. Van Buskirk, 18 Barb. R., 397. 

If. in the erection of a division fence, more than one-half is built upon the land 
of one of the adjoining owners, without his consent, he may remove the excess: 
and if, in order to effect such removal it becomes necessary to take down the 
whole fence, he may rightfully do so. Sparhawk v. Twichell, 1 Allen R., (Mass.) 450. 

A brush fence, maintained near the line, between the possessions of two ad¬ 
joining owners, but not continued at all times in the same place, is not evidence 
of an adverse possession, so as to bind either party to the line usually occupied by 
such fence. Smith v. Hosmer, 7 N. Hamp. R., 436. 

If there is in fact a division fence, the duty of contribution to maintain it 
exists, although the line may be in dispute. Stephens v. Shriver, 25 Pa. St. R., 7S. 




366 


FENCES. 


[Div. IV. 


ing owner, if the same shall be a ditch or hedge, and if the same 
be not a ditch or hedge, he shall immediately build his proportion 
of such division fence^ or refund to said adjoining owner a just 
proportion of the value at that time of such fence. 1 [Laws 1857, 
p. 159, § 2. 


Where one of two owners of adjoining lots of land sees the other erect a perma¬ 
nent fence between their lands, without making any objection, this is evidence of an 
agreement on his part that the fence is erected on the true line. Eaton v. Rice, 8 N. 
Hamp. R., 378. 

It is the intention of the law that only those having inclosed lands adjoining 
shall be required to maintain partition fences between their own and the next 
adjoining inclosures. If at the time the fence viewers act in determining that one 
of the occupants of adjoining lands shall erect and maintain or pay for a part of a 
division fence, the lands of such party are uninclosed, their proceedings are without 
jurisdiction and void. Bechtel v. Neilson et al., 19 Wis. R., 49. And unless the 
proceedings are valid, the plaintiff cannot recover under the statute for building the 
defendant’s part of the fence. Fairbanks v. Childs, 44 N. Hamp. R., 468. 

Where the owners of two adjoining tracts of land join their fences so as to 
have but one field in common, and no division fences built, it is the business of one 
to see that the fence of the other is sufficient to turn ordinary stock. Stoner et al. 
v. Shugart, Jr., 45 Ill. R., 77. See Seeley v. Peters, 6 Gilm. R., 130. 

The law in relation to partition fences does not apply to ornamental partition 
fences between city and village lots, but to the ordinary fences of the country, such 
as are usually built on agricultural lands. Brooks v. Allen, 1 Wis. R., 127. 

Where a party is not bound by prescription, agreement, or assignment of fence 
viewers, to maintain a fence between his land and that of an adjoining owner, he 
may sustain an action of trespass against the adjoining owner, whose cattle escape 
into his land. The common law on this point is not altered by the statutes. Thayer 
v. Arnold, 4 Mete. R., (Mass.) 589. 

At common law, the owner of a close was not obliged to fence against the occu¬ 
pant of an adjoining close. The design of the statute is not to keep the cattle 

of others off the premises, but to keep home the cattle of the occupant. Hurd v. 

Rutland, etc., R. R. Co., 25 Vt. R., 116. 

The owner of land adjoining a highway is not bound to erect a fence along such 
highway. The statute applies only to owners of adjoining closes. Chambers v. 
Matthews, 18 N. J. L., (3 Harr.) 368. 

A person is not bound to maintain partition fences against the cattle of another 

who is not an adjoining owner or occupant. Aylesworth v. Herrington, 17 Mich. 
R., 417. 

The general rule that a party who is the owner of personal property, which is 
upon the land of another, cannot therefore enter to take it away, does not apply to 
an entry necessary to enable a person to make his part of the fence. As the law 

requires each owner to make his portion of the fence, this duty carries with it the 

right to such necessary occupation for the time being as is required to enable him 
to comply. Carpenter v. Halsey, 60 Barb. R., 45. 

The legislature of a State has the constitutional power to regulate, by statute, 
the relative rights and responsibilities of the proprietors inclosed land and 

the owners of stock going at large or kept in adjacent inclosures. Wills v. Walters. 

5 Bush. (Ky.), 351. 

(1) Wooded land which has been used as a sugar bush and wood lot, and 
partly cleared but not occupied, is not within the statute exempting from fencing, 
and land allowed to “lie open to a public common.” Perkins v. Perkins, 44 Barb! 
R., 159. 

The right of an owner who has erected a partition fence to recover the value 
of one-half thereof, against the owner of adjoining land, is complete by the com¬ 
mencement of proceedings to have the value of such half ascertained by fence 
viewers, and cannot be defeated by a sale of the land, and a notice by the purchaser 
that he does not intend to occupy or improve, or inclose it, subsequent to the appli¬ 
cation to the fence viewers, and notice of such application by them to the original 
owner, though previously to any further proceedings by them. The liability of the 
owner or occupant of land, which has lain uninclosed, on inclosing or depasturing 
the same, to pay for the one-half of a partition fence, attaches immediately upon 
such inclosing or depasturing. Field v. Proprietors, etc , 1 Cush. R. (Mass.), 11. 




Div. IV.] 


VALUE OF FENCE. 


367 


5. Value of fence, etc., ascertained.] § 5. The value of 
such fence, and the proportion thereof to be paid by such per¬ 
son, and the proportion of the division fence to be made and 
maintained by him, in case of his inclosing his land, shall be de¬ 
termined by two fence viewers of the town, in counties under 
township organization, and in other counties by any two fence 
viewers of the precinct. 2 [Laws 1857, p. 159, § 3. 


Where two persons own adjoining closes of improved land, and a partition 
fence has never been divided, or the portion to be kept up by each in any manner 
ascertained, neither can impose upon the other, or claim for himself the protection 
contemplated by the statute regulating fences. Coxe v. Robbins, 9 N. J. L. (4 
Hals.), 384. 

The laws regulating partition fences, party walls, and other like police regu¬ 
lations, are an ancient branch of legislation. Their object is to regulate the man¬ 
agement and enjoyment of property by the owners at their common expense, and 
they are a proper and constitutional exercise of legislative power. Coster v. Tide 
Water Co., 18 N. J. Eq., 54. 

(2) Fence viewers are made the sole judges in controversies concerning division 
fences, and of the sufficiency of such fences, as well as of all other fences, and are 
to decide by direct examination of the premises. Fox v. Beebe, 24 Conn. R., 271. 

It is held that any person occupying land, and interested in the making and 
maintaining a division fence, be his estate or interest in the premises what it may, 
is entitled to avail himself of the provisions of the statute in reference to division 
fences; the remedy is not limited to the owner of the fee. Bronk v. Becker, 17 
Wend. R., 320. 

An appraisal by fence viewers does not prevent a party from proving by other 
evidence the expense of building the adjoining owner’s portion of a division fence, 
in a suit brought to recover the cost of such portion. Perkins v. Perkins, 44 
Barb. R., 134. 

Form of Notice to Adjoining Owner to Choose Fence Viewers as to Value 

of Division Fence. 

To A. B.: 

You are hereby notified that you having enclosed your lands adjoining 

inclosed lands belonging to me, in the town of -, county of -, 

State of Illinois, your land being described as follows: [describe the lands 
briefly ], and my said lands being described as follows: [describe lands 
briefly] so that the fence, all of which belongs to me, on the line of my 
said land, is the division fence between that and your land; that I desire 
to have the value and proportion thereof which you should pay deter¬ 
mined by the fence viewers of the town aforesaid, and that if you shall 
neglect for eight days after receiving this notice to make choice of a fence 
viewer to act in said matter, I shall thereafter proceed and select both, and 
submit to them the matter aforesaid. 

Dated this-day of-, A. D. 19—. C. D. 

Form of Determination of Fence Viewers as to Value and Proportion of 

Division Fence. 

State of Illinois, 

County of —- j- ss. 

Town of - J . . 

Whereas, it appears to the undersigned, fence viewers of said town of 

_ ( that L. M. has lately inclosed his lands in said town, described as 

follows: [describe lands briefly], adjoining the enclosed lands of O. P., so 
that the fence belonging to said O. P. has become the division fence be¬ 
tween the enclosed lands of said parties* and said parties having duly 











368 


FENCES. 


[Div. IV. 


6. Neglect to repair and rebuild.] §6. If any person neg¬ 
lect to repair or rebuild a division fence, or portion thereof, 
which he ought to maintain, any two fence viewers of the town 
or precinct, as the case may be, shall, on complaint by the party 
aggrieved, after giving due notice to each party, examine such 
fence, and if they deem the same to be insufficient, they shall 
so notify the delinquent party, and direct him to repair or re¬ 
build the same within such time as they may deem reasonable . * 1 


selected the undersigned fence viewers of said town [or as the case may be] 
to determine the value of such fence and the proportion thereof to be 
paid by said L. M., and the proportion of the same to be maintained by 
him, due notice being given to each party, and having heard the allega¬ 
tions of the parties, said fence viewers do determine that the value of 

said fence is-dollars, that the proportion thereof to be paid by said L. 

M. to said O. P. is — : - dollars, and that the proportion of said division 

fence to be maintained by said L. M., is as follows: [describing the por¬ 
tion of fence allotted, by distances from point to point, or other convenient 
description]. 

Witness our hands, this - day of -, A. D. 19—. 

A. B., ) Fence 
C. D., j Viewers. 

In case both fence viewers are selected by one party, after notice and neglect 
of the other party to make choice, the foregoing form may be changed by omitting 
the words, “and said parties,” at the *, and inserting the following: 

“Said L. M. having neglected to make choice of fence viewers, after due 
notice, and said O. P. having,” etc. 

(1) The complaint to the fence viewers by a party aggrieved is not required 
to be in writing. It will be proper, however, that the notice to the parties by the 
fence viewers, and subsequent proceedings, should be reduced to writing. The 
proceedings of fence viewers should be treated, as to matters of form, with at least 
the indulgence extended to proceedings before justices of the peace; and where it 
appeared that a party was notified verbally, and by the opposite party, and was 
present at the meeting of the fence viewers, and made no objection at that time, 
the notice was held sufficient. Talbot v. Blacklege, 22 Iowa R., 57. 


Form of Notice to 
To A. B.: 


Adjoining Owner Who Neglects to Repair or Rebuild 
Division Fence. 


You are hereby notified that you having neglected to repair [or rebuild] 
your proportion of the division fence between our adjoining lands in the 
town of -, county of-, and State of Illinois, your said lands be¬ 

ing described as follows: [describe the land briefly], and my said lands 
being described as follows: [describe land briefly], that I desire to submit 
the matter of the sufficiency of said fence and your duty in the premises 
to fence viewers, of the town aforesaid, for their decision; and that if you 
shall neglect for eight days after receiving this notice to make choice of a 
fence viewer to act in said matter, I shall thereafter proceed and select 
both fence viewers for that purpose, and submit to them the matter aforesaid. 

Dated this- day of-, A. D. 19—. C. D. 


Form of Notice to Parties 
To C. D.: 


by Tzvo Fence Viewers for Examination of 
Fence. 


You are hereby notified that complaint having been made by A. B. to 
the undersigned, fence viewers of the town of-, that you have neglected 












Div. IV.] 


DISPUTES SETTLED. 


3G0 


7. Disputes settled.] §7. If disputes arise between the 
owners of adjoining lands, concerning the proportion of fence 
to be made or maintained by either of them, such disputes shall 
be settled by any two of the fence viewers of the town or pre¬ 
cinct, as the case may be, and in such cases it shall be the duty 
of the two fence viewers to distinctly mark and define the pro¬ 


to [state zuhat is complained of], and that we shall on the -- day of 

-, A. D. 19—, at the hour of — o’clock, — M., proceed and examine 

such fence with a view to such action in the premises as the case shall 
require. 

Dated this -day of-, A. D. 19—. 

L. M., | Fence 
R. S., I Viewers. 

Form of Direction by Fence Viewers to Repair or Rebuild Fence. 

State of Illinois, ] 

County of- j- ss. 

Town of - 

Complaint having been made by A. B. to the undersigned, fence viewers 

of said town of --, that [state the substance of complaint , showing the 

location of the fence], said fence viewers having been duly selected by said 
A. B.* and C. D. to act in said matter I or as the case may be], we did, 
having given due notice thereof to each party in the premises, proceed, 

on the- day of -, A. D. 19 —. and examine such fence, and having 

heard the allegations of the parties did and do deem the same to be insuffi¬ 
cient, and do direct that [state the direction or order made]. 

Witness our hands, this - day of-, A. D. 19— . 

L. M., ) Fence 
R. S., \ Viewers. 

In case both fence viewers are selected by one party, after notice and default 
by the other, change the foregoing form by inserting at the *, in place of the 
words, “and C. D.,” the following: 

“Said C. D. having neglected to make choice of fence viewers, after 
due notice, and said A. B. having selected the undersigned fence viewers.” 

The fence viewers, in their proceeding on the complaint of a person aggrieved, 
would undoubtedly be confined to the subject of the complaint. If that related to 
the repairing of a fence, they probably would not have authority to assign to the 
adjoining occupants their respective share of the fence, and direct the rebuilding 
within a specified time. Sears v. Charlemount, 6 Allen R. (Mass.), 437. 

The application or complaint to the fence viewers may include the whole sub¬ 
ject in controversy: but before a party can be affected by the acts or decisions of 
the fence viewers, he must have notice. Fairbanks v. Childs, 44 N. Hamp. R., 458. 

A good and sufficient fence must be not merely one which will turn ordinary 
stock, but one that will turn stock even though, to some extent, unruly. C. & A. 
R. R. Co. v. Utley, 39 Ill. R., 411. 

The common law rule, requiring the owner of stock to keep it upon his own 
land has been recognized, in some cases, in this State, as governing inside or 
division fences. Headen v. Rust, 39 Ill. R., 186. 

Where, in a field occupied by several persons, there is an inner fence, one of 
the occupants of the field cannot remove such inner fence at pleasure, though he 
may be the owner thereof, without rendering himself liable to his co-occupant for 
any damages resulting therefrom. Nor is it any defense to an action of trespass 

growing out of the removal of the inner fence, to show that the complaining party 

was bound to keep the outer fence in repair, or that he might have repaired the 

same at small expense. Buckmaster v. Cool, 12 Ill. R., 74. 


















370 


FENCES. 


[Div.IV. 


portion of the fence to be made or maintained by each. * 1 [Laws 
1857, p. 159, §4. 

8. Choice of viewers—Notice.] §8. When any of the 

above mentioned matters shall be submitted to fence viewers, 
each party shall choose one; and if either neglect, after eight 


In an action to recover for the trespasses committed in the field of the plaintiff 
by the hogs of the defendant, it appeared the hogs entered the plaintiff’s field 
through a division fence from an adjoining field owned by the defendant, such 
division fence being owned entirely by the plaintiff. Held, the fence was not a 
partition fence under the statutes, hence, the question of its sufficiency was not 
involved. Under such circumstances the rule of the common law prevails, that each 
man is bound to take care of and keep his animals on his own land. McBride v. 
Lynd, 55 Ill. R., 411. 

If one of the owners of a division fence shall neglect to keep his portion in 
repair, the other cannot, without notice to him, select both fence viewers and 

charge him with all the costs of the view. The party not notified will not be 

bound by the action of the viewers, and therefore will not be liable for any expense 
on their account. Thompson v. Bulson, 78 Ill. R., 277. 

Held, in New Hampshire, that it is the occupier and not the owner of a close 
who is bound to keep the fences in repair. Tewksbury v. Buklin, 7 N. Hamp, R., 518. 

Where fence viewers find a divisional fence to be insufficient, their notice to 
the persons bound to repair it need not specify the particulars in which it is de¬ 
fective. Fox v. Beebe, 4 4 Conn. R., 271. 

(1) Where a dispute arises as to the proportion of a fence to be maintained 

by each party, it may be settled by fence viewers, even where there has been an 

agreement on the subject. Berger v. Kortwright, 4 Johns. R., 414. 

The decision of the fence viewers as to the proportion of fence of each party is 
not necessary where there is no dispute between them. Willoughby v. Cotton, 9 
Johns. R., 136. 

The fence viewers have authority to determine what portion of a division fence 
shall be paid for or repaired by an adjoining occupant, but over the payment of the 
same so ascertained they have no control. In a suit for money awarded by fence 
viewers to be due from one adjoining proprietor to another for a partition fence 
voluntarily built by the latter, evidence that he was paid for the same by the 
person who subsequently conveyed the adjoining premises to the former is admis¬ 
sible. Butler v. Barlow, 2 Wis. R., 10. 

It is held that an appraisal by fence viewers does not prevent a party from 
proving by other evidence the expense of building the adjoining owner’s portion 
of a division fence in a suit brought to recover the cost of such portion. Perkins 
v. Perkins, 44 Barb. R., 134. 

The statute in relation to partition fences authorizes fence viewers to assign 
distinct portions of the dividing line to adjoining owners. Any direction beyond 
this by the viewers is simply void, but does not invalidate their acts so far as 
they had authority. Longly v. Hilton, 34 Maine R., 332. 

An assignment by fence viewers of only a part of a continuous line of partition. 
fence is not for that reason invalid, neither party at the time requesting that the 
the whole line be divided. After such assignment duly made, the obligation of the 
parties are fixed to maintain the fence accordingly, and cannot be changed, without 
consent by a subsequent view and division by the fence viewers of the whole con¬ 
tinuous line of partition fence. Alger v. Pool, 11 Cush R. (Mass.), 450. 

Where the plaintiff in an action to recover the sum awarded to him, by the 
fence viewers, alleged that he and the defendant were owners of enclosed lands, 
separated by a stone wall, which was originally built by W., under whom the 
plaintiff holds, and which in consequence of a division of the land in July, 1826, it 
became the duty of the defendant to unite with the plaintiff in dividing, and to 
pay the plaintiff such sums as should be awarded by the fence viewers; it was 
held, that the fence viewers, on the plaintiff’s application had power and right to 
divide and apportion the fence anew. Wright v. Wright, 21 Conn. R., 329. 

The division of enclosed lands by sale or otherwise, prima facie subjects them 
to a new division of the partition fence among the new adjoining owners. Wright 
v. Wright, 21 Conn. R., 329. 

The existence of a dispute about a partition fence is sufficient to enable the 
fence viewers to interpose. Barger v. Kortright, 4 Johns. R., 414. 




Div. IV.] 


EXAMINATION OF FENCES. 


371 


days’ notice in writing, to make such choice, the other party may 
select both. And for all purposes of notice under this Act, it 
shall be sufficient to notify the tenant or person in possession of 
said adjoining premises, when the owner thereof is not a resi¬ 
dent of the town in which such fences are situated. 1 [Laws 
1857, p. 159, § 5. 

9. Viewing fence—Disagreement.] §9. The two fence 

viewers so chosen shall examine the premises, and hear the al¬ 
legations of the parties. In case of their disagreement, they 
shall select another fence viewer to act with them; and the de¬ 
cision of any two of them shall be final upon the parties to such 
dispute, and upon all parties holding under them. [Laws 1857, 
p. 159, § 6. 

10. Decision.] § 10. The decision of the fence viewers 
shall be reduced to writing; shall contain a description of the 


Where a dispute arises between parties as to the value of division fences, and 
the proportion to be paid to him who has erected the whole fence, the fence viewers 
of the town have jurisdiction of the matter. The decision of the fence viewers in 
such a case, should be reduced to writing- and filed in the office of the town clerk, 
and an action will be to recover the sum in the certificate stated to be due. Hewit 
v. Watkins, 11 Barb. R., 409. 

The notice served, under which fence viewers are selected, is jurisdictional, and 
they cannot, without the express consent of the parties interested, act imon any 
other or different question than that expressed in the notice, and without notice 
they cannot be selected to act at all. When fence viewers were selected under 
notice that they were to be selected to settle a dispute concerning the proportion 
of a division fence to be made by each of the parties, they will have no power to 
assess the amount to be paid by one of the parties to the other for a portion of a 
fence already built. Hale v. Andrews, 75 Ill. R., 252. 

(1) Whilst the words “any of the above mentioned matters,” occurring in sec¬ 
tion 8 of this Act, would seem to have reference only to matters contained in the 
preceding section, the Supreme Court has recently decided that the words have 
reference to all matters in each preceding section of the Act wherever the selection 
of fence viewers is contemplated, and that the requirements of section 8 govern in all 
such cases. Thompson v. Bulson, 78 Ill. R., 277. 

This is at best a forced construction of the provisions of the Act. It would 
seem that if the legislature intended such contruction they would have employed 
some language to that effect in sections five and six. 


Form of Notice to Adjoining Owner to Choose Fence Viewer to settle 

Dispute. 

To R. R.: 

Sir:—A dispute having arisen between you and myself, being the own¬ 
ers of adjoining lands in the town of -, in the county of -, and 

State of Illinois, concerning the proportion of division fence to be made [or 
maintained] by each of us upon the line of our said lands, your land in 
question being known as [describe the land with reasonable certainty], and 
mine as [describe the land]. I have chosen J. W., one of the fence viewers 
of said town, and do hereby give notice to you to proceed and choose another 
of the fence viewers of said town, to the end that said dispute, between us 
may be settled and decided by said fence viewers, and that if you . shall 
neglect to make such choice for eight days after receiving this, notice, I 
shall make such choice myself, and proceed to have said matter in dispute 
adjusted by the fence viewers thus chosen by me, the same as if one had 
been chosen by you. 

Yours, etc., J* k* 


Dated, etc. 


Yours, etc., 







372 


FENCES. 


[DrV. IV 


fence, and of the proportion to be maintained by each, and 
their decision upon any other point in dispute between the 
parties, submitted to them as aforesaid; and shall be forthwith 
filed in the office of the town clerk, or in the office of the county 
clerk in counties which shall not have adopted township organ¬ 
ization. * 1 [Laws 1857, p. 159, § 7. 


Form of Submission of Dispute Between Adjoining Owners to Two Fence 

Viewers. 

To P. S. and J. G., two of the fence viewers of the town of -> in the 

county of-, and State of Illinois : 

A dispute having arisen between the undersigned, A. W. and B. L., 
owners of adjoining lands in said town of -, concerning the propor¬ 

tion of division fence to be made [or maintained] by each on the line of 
their respective lands, the land of said A. W. being described as follows: 
[describe the land with reasonable certainty ], and that of the said B. L. 
being described as follows: [describe the land]. The said A. W. has 
therefore chosen you the said P. T., and the said B. L. has chosen you the 

said J. G., as two fence viewers of said town of --, to the end that you 

may proceed to settle and decide said matter of dispute; _ and the under¬ 
signed do hereby submit said matter of dispute to you the said fence viewers, 
and request that you will proceed according to law, and settle and decide 
the same as shall seem to you just and right. 

Dated this - day of -, A. D. 19—. A. W. 

B. L. 

(1) Form of Decision of Fence Viewers in Relation to Dispute Between 

Adjoining Owners. 

State of Illinois, ] 

County of- [ ss. 

Town of - J 

Whereas, we, the undersigned, two of the fence viewers of said town of 

-, having been chosen by R. V. and J. J., owners of adjoining lands 

in said town, for the purpose of settling and deciding a dispute which has 
arisen between them concerning the proportion of division fence to be made 
[or maintained] by each of them, on the line between their said lands, the 
lands in question being described as follows: [describe the land of each], 

and the said R. V. and J. J. haying, on the -day of-, A. D. 19—, 

submitted the said matter in dispute to us, for our settlement and decision, 

we did, on the - day of -, A. D. 19—, proceed and examine the 

premises, and hear the allegations of the parties. The said fence we find 
to be a rail fence, commonly called a Virginia or worm fence, running north 
and south, in length one hundred and sixty rods, and being the division 
fence between the lands above described, that the same was originally erected 
jointly by the parties, and divided equally between them, the said J. J. 
taking the south half thereof for his portion, by agreement, and that the 
said.J. J. now neglects and refuses to keep his portion of the same in proper 
repair [or as the case may be ] ; We do, therefore, adjudge and determine 
that [conclude with the determination of the fence viezvers according to the 
fact].' 

Given under our hands, this 


day of 


A. D. 19—. 

L. P., } Fence 
J. R., j Viewers. 




















Div. IV.] 


N EGLECT—DAM AGES. 


373 


11. Neglect—Damages.] §11. If any person who is liable 
to contribute to the erection or reparation of a division fence 
shall neglect or refuse to make or repair his proportion of such 
fence, the party injured, after giving sixty days’ notice, in writ- 
i n g> that a new fence should be erected, or ten days’ notice, in 
writing, that the reparation of such fence is necessary, may make 
or repair the same at the expense of the party so neglecting 
or refusing, to be recovered from him, with costs of suit; and 
the party so neglecting or refusing, after notice in writing, shall 
be liable to the party injured for all damages which shall thereby 
accrue, to be determined by any two fence viewers selected as 


Form of Decision of Fence Viewers, Where Two Cannot Agree, and Another 

Is Selected. 


State of Illinois, 

County of - }► ss. 

Town of - J 

A dispute having arisen between A. B. and C. D., two owners of adjoin¬ 
ing lands in said town of -, concerning the proportion of division 

fence to be made [or maintained] by each of them on the line of their said 
lands, the land of the said A. B. being described as follows: [describe the 
land or held in question], and the lands of said C. D. being described as 

follows: [describe the land or held], the said parties did, on the- day 

of -, A. D. 19—, submit the said matter in dispute to the undersigned, 

W. S. and N. W., two of the fence viewers of said town of - , for their 

settlement and decision, the said parties having chosen said fence viewers 

for that purpose, the said fence viewers did, therefore, on the - day 

of -, A. D. 19—, proceed and examine the premises and hear the alle¬ 

gations and proofs of the parties, and the said two fence viewers, being unable 
to agree in the premises, did select N. P., another fence viewer of said 
town, to act with them in making such settlement and decision, and we, the 
undersigned, being now fully advised in the premises, do adjudge and de¬ 
termine that [conclude according to the determination of the viewers]. 

Given under our hands, this - day of -, A. D. 19—. 


W. S., ] 
N. W., }• 
N. P., J 


Fence 

Viewers. 


If one fence viewer should act by agreement of the parties, it is apprehended 
that his action and determination would be good and binding. Kellogg v. Brown, 
32 Conn. R., 108. 

If a part of a division fence be assigned to one to keep in repair, it is his 
property, so far at least that the removal of it, for lawful purposes cannot make him 
a trespasser. Burrell v. Burrell, 11 Mass. R., 294. 

A decision of fence viewers requiring the occupant of uninclosed land to erect, 
maintain, or pay for part of a division fence, is void. The occupants of such lands 
are under no obligation to erect fences. Bechtel v. Neilson, 19 Wis. R., 49. 

The proceedings of fence viewers, as to matters of form, should be treated with 
at least the indulgence extended to proceedings before justices of the peace. Talbot 
v. Blacklege, 22 Iowa R., 572. 

Pence viewers have no authority to determine the rights of different claimants 
of land, or to establish disputed boundaries, and neither party is precluded, by 
their decision, from contesting the question of ownership in himself, or in the 
adverse party, or the location of their boundaries. Shaw v. Gilfillan, 22 Vt. R., 565. 

A certificate of fence viewers adjudging where parties should set their partition 
fence, is not evidence of the title of those parties. Corlis v. kittle, 13 N. J. L. (I 
Green.), 229. 

















374 


FENCES. 


[Div. IV. 


above provided; and the fence viewers shall reduce their appraise¬ 
ment of damages to writing, and sign the same. 1 [Laws 1857, 

p. 160, § 8. 

12. Making and repairing fences destroyed.] § 12. When¬ 
ever a division fence shall be injured or destroyed by fire, floods, 
or other casualty, the person bound to make and repair such 
fence, or any part thereof, shall make or repair the same, or his 
just proportion thereof, within ten days after he shall be thereto 
required by any person interested therein—such requisition to 


(1) Form of Notice to Adjoining Owner to Contribute to Erection or 
Reparation of Division Fence. 

To S -. R - • 

Sir: You are hereby notified to repair [or as the case may be] that por¬ 
tion of the division fence on the line between your land and mine, situated 

in the town of -, and county of -, according to the decision of J. 

L. and J. H., two of the fence viewers of said town, made on the- day 

of-, A. D. 19—, and filed in the office of the town clerk of said town, 

on the-day of-, A. D. 19—, and that if you shall neglect to repair 

the same, agreeably to said decision, for the period of ten days from the date 
of receiving this notice, I shall proceed myself and repair said fence at 
your expense. 

Dated this - day of -, A. D. 19—. L. N. 


Form of Appraisal of Damages by Fence Viewers, Accruing to Adjoining 
Owner, by Reason of Neglect to Make or Repair Fences. 

State of Illinois, 

County of- [ ss. 

Town of - J 

Whereas, we, the undersigned, two of the fence viewers of the said 

town of-, having been chosen by P. B. and J. S., owners of adjoining 

lands in said town, for the purpose of appraising the damages claimed by 
the said P. B., and accruing to him in consequence of the neglect of the 
said J. S. to repair [or as the case may be] his proportion of a division fence 
mentioned and described in a certain decision made by [state by whom 
made, or if the fence has been divided by agreement, state that fact, and 
Cary the form accordingly], on the -- day of -, A. D. 19—, and re¬ 

duced to writing, and filed in the office of the town clerk of said town of 
-. We did, on the - day of -, A. D. 19—, proceed to ex¬ 
amine the premises; and after due inquiry and examination by us made, and 
having heard the allegations of the parties, we do determine that the said 
P. B. has sustained damages to his land, crops, fruit trees and shrubbery 
[or as the case may be] in consequence of the neglect of the said J. S. to 
repair [or as the case may be] his proportion of the division fence, as afore¬ 
said ; which damages we have ascertained, and do appraise at- dollars. 

Witness our hands, this - day of -, A. D. 19—. 

P. S., ) Fence 
R. B., | Viewers. 

Parol proof of the fact that written notice to repair was given, is sufficient for 
the purpose of showing notice. Willoughby v. Carleton, 9 Johns. R., 136. 
























Div. IV.] 


LIABILITY FOR DAMAGES. 


375 


be in writing, and signed by the party making the same. 1 [Laws 
1857, p. 160, §11. 

13. Refusing to make or repair.] § 13. If such person 
shall neglect or refuse to make or repair his proportion of such 
fence for a period of ten days after such request, the party in¬ 
jured may make or repair the same at the expense of the party 
so refusing or neglecting, to be recovered with costs of suit. 2 
[Laws 1857, p. 160, § 12. 

14. Removal of division fence.] § 14. If any person is dis¬ 
posed to remove a division fence, or part thereof, owned by him, 
and suffer his lands to lie open, after having first given the ad¬ 
joining owner one year’s notice, in writing, of his intention so 
to do, he may, at any time thereafter, remove the same, unless 
such adjoining owner shall previously cause the value of said 
fence to be ascertained by fence viewers, selected as hereinbefore 
provided, and pay or tender the same to such person. 3 I Laws 
1857, p. 160, § 9. 


(1) Form of Notice to Make or Repair Fence Injured by Fire , Flood, Etc. 
To A. B.: 

Sir:—I do hereby require you to repair that portion of the division 

fence on the line between our adjoining lands in the town of -, and 

county of-, which you are bound to repair, to-wit: [describe the fence 

in question]. Should you neglect to repair said fence for the period of 
ten days from the date of receiving this notice, I shall proceed myself to 
repair the same at your expense. 

Dated this - day of -, A. D. 19—. N. T. 

Appraisal by fence viewers of damages in case of neglect or refusal to make or 
maintain division fence would embrace injuries such as treading down grass, corn, 
wheat and other crops, the extent of which may be ascertained on view, but would 
not extend to damages for death of cattle from over eating grain, in the fields of a 
party who has neglected to keep his proportion of the division fence in repair. 
Clark v. Brown, 18 Wend. R., 213. The appraisal, if properly made, would probably 
be conclusive. Harriman v. Fifield, 36 Vt. R., 341. 

(2) The law does not require such request, under the above section, to be in 
writing. 

'(3) Form of Notice by Adjoining Owner of His Intention to Remove His 

Share of Partition Fence. 

• To H. H.: 

Sir:—You will take notice that I intend to remove my portion of the 
division fence on the line of our adjoining lands [describe the location of 
the fence with reasonable certainty], that my said lands may hereafter lie 
open, and that I shall remove the same after the expiration of one year 
from the date of your receiving this notice. 

Dated this - day of -, A. D. 19—. J. G. 

If an existing fence is a partition fence by agreement, by acquiescence or under 
the statute, it cannot be removed by either owner or occupier until the other has 
sufficient notice. McCormick v. Tate, 20 Ill. R., 334. 

Where a party removes a partition fence wrongfully, and his stock enters upon 
another’s premises, he will be liable. Stoner et al. v. Shugart, Jr., 45 Ill. R., 77. 










376 


FENCES. 


[Div. IV. 


15. Removal without notice.] § 15. If any such fence shall 
be removed without such notice, the party removing the same 
shall pay to the party injured all such damages as he may there¬ 
by sustain, to be recovered with costs of suit. 1 [Laws 1857, p. 
160, § 10. 

16. Mistake in locating fence.] § 16. When a person has 
made a fence on an inclosure which afterwards on making di¬ 
vision lines is found to be on the land of another, and the same 
has occurred through mistake, such first person may enter on 
the land of the other and remove his fence and material within 
six months after such line has been run. 2 [Revised Stat. 1845, 
p. 281, § 19. 

17. When removal may not be made.] § 17. But such 

fence shall not be removed if it was made of material taken from 
the land on which it is built, until the party pays or tenders to 
the owner of the land the value of such material, to be ascer¬ 
tained by the fence viewers; nor shall a fence be removed at a 
time when the removal will throw open or expose the crops of 
the other party, but it shall be removed within a reasonable 
time after the crops are secured, although the six months above 
specified have passed. 

18. Viewers may examine witnesses, etc.] § 18. Fence 
viewers may examine witnesses on any and all questions sub¬ 
mitted to them, and either of such fence viewers shall have power 
to issue subpoenas for, and administer oaths to such witnesses. 3 
[Laws 1857, p. 160, § 13. 

One who sows his crop after the fence has been taken down, which protects 
one side of his land, cannot recover damages of the wrong doer, for injury to his 
crop, by the entry of cattle on it. He was bound to use reasonable prudence in 
planting his crop. Hassa v. Junger, 15 Wis. R., 598. 

Proprietors of adjoining lands are not under legal obligation to perpetually 
maintain division fences with each other. It is a matter of convenience between 
the parties, which either may at his pleasure terminate by giving the statutory 
notice. Hoag v. Switzer et al., 61 Ill. R., 294. 

(1) Where a party removes a division fence without having previously given the 
required notice, the party injured thereby is not limited to a suit for the recovery 
of actual damages sustained in consequence of such removal, but may make the 
fence anew and recover the expense thereof by action. 

If actual damages are sustained, as the loss of a crop for instance, caused by 
the removal of the fence, an action for the recovery of such damages, as well as a 
suit to recover the expense of making the fence may be sustained. Richardson v. 
McDougall, 11 Wend. R., 46. 

(2) The law giving the right to remove fences made by mistake upon the 
lands of other persons, applies only to natural persons; it has no relation to a 
case where a fence is erected by mistake upon the lands of the United States or 
of this State. Blair v. Worley, 1 Scam. R., 179. 

(3) Form of Subpoena for Witness by Fence Viewers. 

State of Illinois, ] 

County of-, \ s 

The People of the State of Illinois to [name of witness] : 

You are hereby commanded to appear before L. M. and R. S., fence 





Div. IV.] 


REMOVAL OF FENCES. 


37? 


19. Fees.] § 19. Fence viewers shall be entitled to one 
dollar and fifty cents per day, each, for the time necessarily 
spent as above provided, to be paid in the first instance by the 
party requiring the services; and all expenses of the view shall 
be borne equally between the parties, except in case of view to 
appraise damages for neglect or refusal to make or maintain a 
just proportion of a division fence, in which case the costs of 
view shall be paid by the party in default, and may be recovered 
as part of the damages assessed. 1 [Laws 1857, p. 160, § 15. 

20. Trespass—Damages.] §20. If any horse, mule or ass, 
or any neat cattle, hogs or sheep, or other domestic animals, 
shall break into any person’s inclosure, the.fence being good and 
sufficient, the owner of such animal or animals shall be liable, 
in an action of trespass, to make good all damages to the owner 
or occupier of the inclosure. This section shall not be construed 
to require such fence, in order to maintain an action for injuries 
done by animals running at large contrary to law. 2 [Revised 
Stat. 1845, p. 281, § 15. 

21. Damages feasant—Rescue.]. §21. If any such animal 
or animals shall break into an inclosure surrounded by a fence 
of the height and sufficiency prescribed by this Act, or shall be 
wrongfully upon the premises of another, the owner or occupier 
of such inclosure or premises may take into possession such an¬ 
imal or animals trespassing, and keep the same until damages, 
with reasonable charges for keeping and feeding, and all costs 
of suit be paid, to be recovered in any court of competent juris¬ 
diction ; and any person who shall take or rescue any such ani¬ 
mal so taken up from the possession of the taker-up without his 


viewers of the town of -, in said county, at [state the place], on the 

_ day of -, A. D. 19—, at - o’clock, —M., to testify and the 

truth to speak in a matter pending: before said fence viewers, between A. B. 
and C. D., concerning [state briefly the matter in controversy]. 

In witness whereof the said fence viewers have hereunto set their hands 

this-day of-, A. D. 19—. L. M., 1 Fence 

R. S., j Viewers. 


(1) In an action of assumpsit by a land owner against his neighbor, to recover 
the latter’s portion of money paid to fence viewers, held, that, to support the action, 
it must appear that the division had been made on the representation of one or 
both the parties; that one of them had refused to pay the part awarded him to pay, 
and that the division had been made on the true line between them. Gallup v. 
Mulvah, 24 N. Hamp. R. (4 Fost.), 204. 


( 2 ) In order to maintain an action for the trespass of stock upon one’s inclo¬ 
sure whereby damage is sustained, the owner of the inclosure must have main¬ 
tained a good and sufficient fence about it. Headen v. Rust, 39 Ill. R., 186. This 
decision is understood to apply only in cases where animals are allowed to run 
at large. 


In an action for trespass, committed by defendant’s cattle upon the plaintiff’s 
land, the defence was, that the cattle entered from the adjoining field of the do-. 











378 


FENCES. 


[Div. IV. 


consent, shall be liable to a fine of not less than three nor more 
than five dollars for each of such animals so rescued, to be re¬ 
covered on complaint before any justice of the peace of the 
county where such offense shall be committed, for the use of the 
school fund of the proper county: Provided , that within twenty- 
four hours after taking such animal into his possession, he shall 
give notice to the owner thereof, if known, or if unknown, he 
shall post notices at some public place near the premises. 1 


fendant, through the plaintiff’s insufficient fence. Held, that the plaintiff might 
show that such cattle were unruly, which would repel the defence. Barnum v. 
Van Dusen, 16 Conn. R., 200. 

Where it appeared that the injury complained of in an action of trespass for 
damages done to the plaintiff’s land by defendant’s cattle, resulted from the want 
of a sufficient fence between the adjoining lands of the plaintiff and defendant, 
that it was the duty of each of. the owners of these lands to make and maintain 
one-half of the divisional fence, and that the plaintiff had never made his part, or 
taken any measures toward it. Held, that the plaintiff was not entitled to a re¬ 
covery. Studwell v. Rich, 14 Conn. R., 292. 

Where A’s sheep escaped from his land into B’s land, through the insufficiency 
of a fence which B. was bound to repair, and thence passed into another adjoining 
lot of B. which was surrounded by a sufficient fence, and committed damage. Held, 
that B. could not maintain trespass therefor against A. Page v. Olcott, 13 N. 
Hamp. R., 399. 

Where stock break through defendant’s portion of a division fence which is 
defective, plaintiff can recover although his portion of the fence may also be out 
of repair. Ozburn v. Adams, 70 Ill. R., 291. 

What is a good and sufficient fence is a question for the jury to determine from 
the evidence. 

An action for the trespass of cattle may be maintained if the fence is good and 
sufficient, whatever may be its height. Scott v. Wirshing, 64 Ill. R., 102. 

No one is obilged to fence against animals fere naturae (wild by nature), but 
the owner of such animals must keep them at his peril, and he is liable for damages 
done by them on another’s land whether fenced or not. Canefox v. Crenshaw, 
24 Mo. R., 556. 

(1) The notice to the owner of animals trespassing on the land of another, 
where the owner is known, is not required to be in writing. It may be given 
verbally. The following may be the form of the notice for posting when the 
owner is unknown, and which may be used when the owner is known if desired to 
give written notice: 

Form of Notice to Owner of Animals Found Trespassing on the Land of 

Another, to Be Posted. 

To the Owner of the Animals herein described: 

You, said owner, are hereby notified that on the - day of -, 

A. D. 19—, three certain cows entered wrongfully upon my premises [or as 

the case may be], in the town of -, in the county of -, State of 

Illinois, and that I then and there took the same into my possession, at my 

residence at -- [give place of residence with reasonable certainty ], 

where they still remain, and are held by virtue of the statute in such cases 
made and provided. Said cows are described as follows: One a red cow 
[giving description ], one a white cow [giving description ], and the other a 
black cow [giving description ]. 

Dated this - day of- , A. D. 19— A. B. 

Where two persons own land adjoining each other, and join fences, each build¬ 
ing the fence on his own land, and have no partition fence between them, and 
cattle break through the defective fence of one and enter the premises of the other, 
the latter would have no right to take them up or recover for injuries against the 
owner of the stock. Stoner et al. v. Shugart, Jr., 45 Ill. R., 77. See Buckmaster v. 
Cook, 12 Ill. R., 76, and McCormick v. Tate, 20 Ill. R., 334. 











Div. IV.] 


HEDGE FENCES. 


379 


HEDGE FENCES. 

AN ACT concerning hedge fences along the public highways in this State. 

[Approved June 21, 1883. In force July 1, 1883. Laws 1883, p. 99.] 

22. Hedge fences. J § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly : That the 
owner or owners of any hedge fence along the line of any public 
highway in this State, shall during the year next after such hedge 
shall have attained the age of seven years, cut back or trim such 
hedge fence to a height not to exceed five feet, and shall, at least, 
once in every two years thereafter, cut back or trim such hedge 
fence, so that the same shall not exceed the height of five feet, 
so that such public highway shall not be obstructed or impaired 
in usefulness or convenience, nor the public health be injured or 
jeopardized by such hedge fence: Provided , that the provisions 
of this section shall not apply to any hedge protecting either an 
orchard or building: Provided, further, that upon application by 
the owner of any hedge fence along any highway, to the com¬ 
missioners of highways of the town where situated, in counties 
under township organization, or to the supervisors of highways 
in the road district where situated in counties not under town¬ 
ship organization; said commissioners of highways, or super¬ 
visors of highways, as the case may be, shall permit said owner 
to grow a hedge fence, not to exceed one-fourth of the total 
length of hedge fence along the highway, on each farm of said 
owner, to any height desired by said owner as a windbreak for 
stock. 

23. Hedge fences along highways.] § 2. The owner or 
owners of any hedge fence along the line of any public highway 
in this State shall, during the year next after such hedge shall 
have obtained the age of seven years, cut back or trim such hedge 
fence, except Osage hedge, which shall be trimmed annually 
after the second year from first trimming, to a height not exceed¬ 
ing four feet, and shall at least once in every year thereafter 
cut back or trim such hedge fence so that the same shall not 
exceed the height of five feet, so that such public highway shall 
not be obstructed or impaired in usefulness or convenience, nor 
the public health injured or jeopardized by such hedge fence: 
Providing, that the provisions of this section shall not apply to 
any hedge protecting either an orchard or building: Provided, 
further, that upon application by the owner of any hedge fence 
along any highway to the commissioners of highways of the 
town where situated in counties under township organization, or 



FENCES. 


[Div. IV. 


380 


to the supervisors of highways in the road district where situated 
in counties not under township organization, said commissioners 
of highways, or supervisors of highways, as the case may be, 
may, at their discretion, permit said owner to grow a hedge 
fence not to exceed one-fourth the total length of hedge fence 
along the highway on each farm of said owners to any height 
desired by said owner, as a windbreak for stock: Provided, 
further , that said owner shall keep all such hedges trimmed on 
the roadside, so that the same will not obstruct the public high¬ 
way to exceed four feet from the line of said public highway. 1 
[As amended by Act approved June 3, 1889. In force July 1, 
1889. Laws 1889, p. 156. 

24. Non-compliance of Act—Penalty.] §3. If the owner 
or owners of any such hedge fence shall fail or refuse to comply 
with the provisions of this Act, on or before the first day of 
October of each year, the said owner or owners shall be subject 
to a fine of not less than ten dollars ($10) nor more than fifty 
dollars ($50) in each and every year failing to comply with the 
provisions of this Act. Said fine may be recovered, with costs 
of suit, against the owner or owners of such hedge fence before 
any justice of the peace or other court of competent jurisdiction 
of the county in which said hedge is situated, by suit in the 
name of the commissioners of highway of the township of the 
counties under township organization, or commissioners of high¬ 
way in the road district in counties not under township organiza¬ 
tion in which such hedge fence may be situated, said fine to be 
applied for the use of the road districts in which hedge fence 
may be growing, and the commissioners of highways shall bring 
or cause to be brought, such suit, in accordance with section 
three (3) of this Act. [As amended by Act approved June 3, 
1889. In force July 1, 1889. Laws 1889, p. 156. 


(1) Form of Application by Owner to Grow Hedge Fence as a Windbreak. 

To A. B., C. D. and E. F., commissioners of highways of the town of 
-, in - county, State of Illinois: 

The undersigned being the owner of a hedge fence along the highway 
in said town at [here state portion of highway where hedge fence is located], 
hereby makes application to you as such commissioners of highways for 

permission to grow a hedge fence of the length of- rods [not to exceed 

one-fourth of the total length of hedge fence ] along the highway at the 

above named place, to the height of - feet, the same being desired as 

a windbreak for stock. q jj. 

Dated the - day of -, A. D. 19 —. 


Tt Is proper that the consent of the commissioners should 
application, and the endorsement may be in the following form: 


be endorsed on spclj 









Div. IV.] 


HEDGE FENCES. 


381 


25. Non-resident owners—Cost of trimming.] § 4. That 
when the owner of such hedge fence does not reside in the county 
where such hedge fence is situated, and refuses or neglects to 
cut or cause the same to be cut, it shall be the duty of the com¬ 
missioners of highways of the township or road district in which 
such hedge fence is situated, to cut, or cause such hedge fence 
to be cut or trimmed at any time after the first day of October 
in each and every year as is required by this Act. The cost 
of cutting or trimming, and all costs that may accrue by the 
cutting or trimming of such hedge fence may be recovered by 
such commissioners of highways in any action of debt in any 
court of competent jurisdiction against the owner of the land in 
which said hedge fence may be situated, and the commissioners 
of highways shall bring or cause to be brought, such suit in ac¬ 
cordance with the provisions of section three (3) of this Act. 
[As amended by Act approved June 3, 1889. In force Julv 1, 
1889. Laws 1889, p. 156. 


Form of Consent by Commissioners to Grow Fledge Fence as a Windbreak. 
State of Illinois, ] 

- County, [ ss. Board of Commissioners of Highways. 

Town of -, J 

Consent is hereby given by the commissioners of highways of the town 

of-, to G. H. to grow a hedge fence for the length of-rods and 

to the height of-feet, along the highway at [here state location as 

in application ] as a windbreak for stock, in accordance with the within 
application. 

Given under our hands this - day of -, A. D. 19—-. 

A. B., ] Commissioners 
C. D., \ of 

E. F., J Highways. 









382 


FENCES. 


[Div. IV. 


FENCING RAILROADS—CROSSINGS. (1) 

Part of AN ACT in relation to fencing and operating railroads. [Approved 
March 31, 1874. In force July 1, 1874.] 

1. Fencing track. 

2. Right of way clear of combustibles. 

3. Allowing, etc., animals on right of way—Breaking fence, etc. 

4. When company neglects to build—Notice. 

5. Adjoining owner may build and recover. 

6. Roads at crossings. 

7. Bell and whistle—Crossings. 

8. Killing stock—Frightening team. 

9. Starting train without signal. 

10. Approaches at crossings. 

11. Neglect to make, etc., crossings—Notice. 

12. When company neglects, authorities to construct, etc. 

13. Company to pay expenses and $100. 

14. Not to obstruct highway. 

15. Flagman—Shelter. 

16. Penaltties. 

17. Corporation defined. 

18. Street railroads. 

1. Fencing track.] § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That 
every railroad corporation, shall, within six months after any part 
of its line is open for use, erect and thereafter maintain fences 
on both sides of its road, or so much thereof as is open for use, 
suitable and sufficient to prevent cattle, horses, sheep, hogs or 
other stock from getting on such railroad, except at the cross¬ 
ings of public roads and highways, and within such portion of 
cities and incorporated towns and villages as are or may be 
hereafter laid out and platted into lots and blocks, with gates 
or bars, at the farm crossings of such railroad, which farm 
crossings shall be constructed by such corporation when and 
where the same may become necessary, for the us# 1 of the pro¬ 
prietors of the lands adjoining such railroad; and shall also con¬ 
struct, where the same has not already been done, and thereafter 
maintain at all road crossings now existing, or hereafter estab¬ 
lished, cattle guards, suitable and sufficient to prevent cattle, 
horses, sheep, hogs and other stock from getting on such rail¬ 
road ; and when such fences or cattle guards are not made as 
aforesaid, or when such fences or cattleguards are not kept in 
good repair, such railroad corporations shall be liable for all 

(1) So much of the above act only is inserted here as seems to have any 
connection with affairs under township organization, or duties of town officers. That 
portion which relates to public roads and highways concerns the commissioners of 
highways of the town. 




Div. IV.] 


FENCING RAILROADS. 


383 


damages which may be done by the agents, engines or cars of 
such corporation, to such cattle, horses, sheep, hogs or other 
stock thereon, and reasonable attorney’s fees in any court where¬ 
in suit is brought for such damages, or to which the same may 
be appealed; but where such fences and guards have been duly 
made and kept in good repair, such railroad corporation shall not 
be liable for any such damages, unless negligently or willfully 
done. 1 [As amended by Act, approved May 29, 1879. In force 
July 1, 1879. Laws 1879, p. 224. 


(1) The law prohibiting domestic animals from running at large, in force 
October 1, 1872, does not by implication repeal or nullify any of the provisions of 
the act requiring railroad companies to fence their roads, and the same is true with 
regard to the law preventing male animals from running at large. R. R. I. & St. 
Louis R. R. Co. v. Irish, 72 Ill. R. t 404. 

The obligation of a railroad company to fence its line of road does not attach 
until it has been in operation six months, and where the company has not been 
in operation six months, but had constructed a fence, it is under no obligation to 
keep it in repair, the duty not having attached. Toledo, Peoria & Warsaw R. R. 
Co. v. Miller, 45 Ill. R., 42. The companies are liable, under the statute, if they 
fail to fence within six months after they begin to run trains on the track for 
construction purposes. R. R. & St. L. R. R. Co. v. Heflin, 65 Ill. R., 366. 

Where a railroad company fails to fence its track, as required by the statute, 
it must see that its servants so conduct its trains that injury shall not result to 
stock that may get upon its track, if it can be avoided by care and caution. In 
failing to fence, it takes the hazard, and when injury results therefrom, it must be 
quired to respond in damages. Toledo, Peoria & Warsaw R. R. Co. v. Levery, 71 
Ill. R., 522. 

Where a railroad company, whose road has not been in operation six months 
and is not fenced, its only ground of liability for injury to stock will be that the 
injury might have been avoided by the exercise of ordinary care and prudence, and 
its servants in charge failed to exercise such care and prudence. The Gilman, 
Clinton & S. R. Co. v. Spencer, 76 Ill. R., 192. 

Where a railroad company fails to fence its track as required by law, or has 
erected an insufficient fence, or failed to maintain a fence, it is liable for all 
damages resulting from such omissions of duty, and this without any reference to 
the manner in which its engines may have been controlled. St. Louis, Alton & 
Terre Haute R. R. Co. v. Linder et al., 49 Ill. R., 433; Same v. Todd, 36 Ill. R., 4 09. 

The question of the obligation of a railroad company to fence their road at a 
particular place is one of law, not of fact, and should not be left to a jury to 

decide. Illinois Central R. R. Co. v. Whalen, 42 Ill. R., 396. 

In cases where a railroad company are not bound to fence their road, or where 
others are equally bound to fence, they are nevertheless bound to use ordinary care 
in running their trains to prevent the injuring of stock. They would be liable for 
injuries in case of gross negligence in this regard. Headen v. Rust, 39 Ill. R., 186; 

St. Louis, Alton & Terre Haute R. R. Co. v. Linder et al., 39 Ill. R., 4 33. 

Where an accident is attributable to a defective fence, which it was the duty 
of the company to provide, if the company has failed to erect a suitable fence, neg¬ 
ligence is inferred; but where they have performed this duty, then negligence must 
be proved as in ordinary cases. Illinois Central R. R. Co. v. Whalen, 42 Ill. R., 396. 

The necessity of fencing a railroad at a given point is not obviated by there 
being an embankment at that place from twelve to twenty feet in height it not 
appearing that the embankment was sufficient to prevent stock from getting upon 
the track. Toledo, Peoria & Warsaw R. R. Co. v. Sweeney, 41 Ill. R., 226. 

A railroad company are not required to fence their track upon their depot 
grounds in a town. G. & C. U. R. R. Co. v. Griffin, 31 Ill. R., 303. 

A railroad company is not bound to fence its track or make cattle guards 
within the limits of a village, and a place where there is a station house, a ware¬ 
house, a store, a blacksmith shop, a post office, and five or six dwelling houses, 
comes fully up to the requirements of a village for the purpose of excusing a railroad 
company from fencing its track within the limits thereof. Toledo, W. W. R’y Co. 
v. Spangler, 71 Ill. R., 568. 




384 


FENCES. 


[Div. IV. 


2. Right of way clear of combustibles.] § \ l / 2 . It shall be 
the duty of all railroad corporations to keep their right of way 


Railroad companies are not required by the statute to fence their line of road 
within the corporate limits of a town, and in actions against them to recover for 
injuries to stock, occurring within such limits, it is error to refuse so to instruct 
the jury. Chicago & Alton R. R. Co. v. Engle, 58 111. R., 381. But if railroad com¬ 
panies construct cattle guards within the limits of towns, they should keep them 
in repair. C. & R. I. R. R. Co. v. Reid, 34 111. R., 14 4. 

The necessity for a fence where the contrary is alleged, in case of injury, is 
shown by proof that the cattle were upon the track. Toledo, Peoria & Warsaw 
R. R. Co. V. Sweeney, 41 Ill. R., 226. 

The fence must be suitable and sufficient, so as to turn stock, even though to 
some extent unruly. C. & A. R. R. Co. v. Utley, 38 Ill. R., 410. 

If a railway company neglects to comply with the statute, and an injury to an 
animal occurs, which is fairly attributable to such neglect, the mere fact that the 
animal is at large, if so at large in violation of no general or local law, will not 
relieve the company of its liability, even though the animal may go upon the 
track from uninclosed lots adjacent to the crossing, and is not standing, when 
injured, on the actual intersection of the railway and the highway. Toledo, Wabash 
& Western R. R. Co. v. Furgusson, 42 Ill. R., 4 49. See, also, C. B. & Q. R. R. Co. 
v. Kauffman, 38 Ill. R., 425. 

The owner of a horse who voluntarily permitted the same to run at large con¬ 
trary to the law in force in the county, cannot recover of a railway company for 
the killing of the same, on the ground that such railway company has failed to fence 
its track at the place where the animal was killed. The railroad company in such 
case will not be relieved of its duty to observe reasonable precaution to prevent 
injury. The Peoria, etc., R. R. Co. v. Champ, 75 Ill. R., 578. 

No contributory negligence is chargeable to the owner of stock, where it breaks 
out of its pasture without his fault. The damages for stock killed through negli¬ 
gence merely, as a neglect to fence the track, is compensatory only. To authorize 
more, circumstances of aggravation must be shown. T. P. & W. R. Co. v. Johnson, 
74 Ill. R., 83. 

Where a railroad company fails to fence its track, as required by law, it is 
sufficient, to fix its liability, if the plaintiff’s stock, in consequence thereof, and 
without any contributory negligence on his part goes upon the track of the railroad, 
and is there killed or injured by the company’s locomotive or train. The fact that 
the owner of stock permits it to run at large, in violation of the act prohibiting 
domestic animals running at large, does not relieve the railroad companies from 
their duty of fencing their roads, or their liability for stock injured in consequence 
thereof. Ewing v. C. & A. R. R. Co., 72 Ill. R., 25. 

Although a plaintiff may be guilty of negligence in permitting animals at 

large getting upon a railroad track, it is still the duty of the railroad company to 

use the ordinary skill and prudence to avoid doing them injury, and failing in 

this, it is liable. R. R. I. & St. L. R. Co. v. Irish, 72 Ill. R., 405. 

A verbal agreement between a property owner through whose field a railroad 
passed and the railroad company, that if the company would erect certain cattle 
guards they need not fence the sides of their road, and he would not claim damage 
for injury done by the road to his stock getting thereon from the field, does not 
pass to or bind his grantee of the premises. St. L»., A. & T. H. R. R. Co. v. Todd, 
36 Ill. R., 409. 

Where cattle are injured upon a railroad at a place where the company are 
required by law to fence the road, and it has been in operation several years 
without that having been done, the company is liable for the damages resulting 
from such neglect of duty. Toledo, Peoria & Warsaw Railway Co. v. Wickery, 
4 Ill. R., 76. 

A railroad company passing through a common field, at which there was a 
crossing at the railroad track inside the inclosure used principally by the parties 
residing therein, it was held, that such crossing was not a public crossing, that it 
was the duty of the railroad company to place bars or gates there, and if it failed 
to do so, it would be liable for any injury to stock by its trains. Peoria, Pekin & 
Jacksonville R. Co. v. Barton, 80 Ill. R., 72. 

Where stock is killed by a railroad at a place where no fence is required by 
law, to recover it must be proven that the killing of the stock was caused through 
the negligence of the company. I. C. R. R. Co. v. Bull, 72 Ill. R., 537. 

Where two railroad companies are using the same line of road, one company 
being the owner, and the other using the road by its permission, the company own¬ 
ing the track is liable for damages done, by reason of an unfenced track, by the 






Div. IV.] 


RAILROAD CROSSINGS. 


385 


clear from all dead grass, dry weeds or other dangerous com¬ 
bustible material, and for neglect, shall be liable to the penalties 
named in section one. 1 

3. Allowing, etc., animal on right of way—Breaking fence, 

etc.] § 2. If any person shall ride, lead or drive any horse or 
other animal upon the track or lands of such railroad corporation, 
and within such fences or guards (except to cross at farm or road 
crossings), without the consent of the corporation; or shall tear 
down or otherwise render insufficient to exclude stock, any part 
of such fence, guards, gates or bars—or shall leave the gates or 
bars at farm crossings, open or down—or shall leave horses or 
other animals standing upon farm or road crossings, he shall be 
liable to a penalty of not less than $10, nor more than $100, to 
be recovered in an action of debt, before any court having com¬ 
petent jurisdiction thereof, in the name of such railroad corpora¬ 
tion, and for the use of the school fund in the county, and shall 
pay all damages which shall be sustained thereby to the party 
aggrieved. [Laws 1855, p. 174, §3. 

4. When company neglects to build—Notice.] § 3. When¬ 
ever a railroad corporation shall neglect or refuse to build or re¬ 
pair such fence, gates, bars or farm crossings, as provided in 
this Act, the owner or occupant of the lands adjoining such rail- 


trains of the other company, the same as if done by its own trains, and the company 
committing the injury will also be liable. Toledo, Peoria & Warsaw Railway Co. 
v. Rumbold, 40 Ill. R., 143; Illinois Central R. R. Co. v. Kanouse, 39 Ill., R., 272; 
East St. L. etc. Co. v. Gerber, 82 Ill. R., 632. 

In the absence of proof of negligence, a railroad company is not liable for the 
killing of cattle which had strayed on to its track at a common or public road 
crossing. Logansport, Peoria & Burlington R. R. Co. v. Caldwell, 38 Ill. R., 280. 

Where stock get upon a railroad track without the fault of the company, the 
law requires evidence beyond the mere proof that they were injured by the engine 
and carriages of the company on the road, to establish a liability for such injuries; 
there must, in such case, be proof of negligence on the part of agents and servants 
of the company in charge of the train at the time the injury occurred. Chicago & 
Northwestern Railway Co. v. Barrie, 55 Ill. R., 226. 

Railroad companies are liable for killing mules and asses, these animals being 
included in the term “cattle and horses.’’ Ohio & Mississippi R. R. Co. v. Brubaker, 
47 Ill. R., 462. 

When a fence along a railroad has been sufficient, and from accident or wrong, 
over which the company had no control, it becomes insufficient to turn stock, they 
have a reasonable time within which to repair it. It is not required that the com¬ 
pany should have a patrol at all times, night and day, passing along their road to 
see the condition of the fence. If this is done daily, and they shall at once, when 
informed of its insufficiency, make the necessary repairs, they should not be held 
liable for injuries resulting from its temporary insufficient condition. The com¬ 
pany must be held to a high degree of diligence, but not to an impossible or un¬ 
reasonable extent. Illinois Central R. R. Co. v. Swearingen, 47 Ill. R., 206. 

(1) Where a railroad company suffered a heavy growth of dry grass to remain 
on its right of way through a party’s premises, and fire was communicated from 
the locomotive of a freight train, to the grass and weeds on the way and from 
thence communicated to the fences and grass of the plaintiff, which was de¬ 
stroyed. Held, that the company was guilty of negligence, and the plaintiff ea- 
tltled to recover. R. R. I. & St. L. R. R. Co. v. Rogers, 62 Ill. R., 34 6. 






386 


FENCES. 


[Div.IV. 


road, or over or through which the railroad track is or may be laid, 
may give notice, in writing, to such corporation, or the lessees 
thereof, or the persons operating such railroad, to build such 
fence, gate, bars or farm crossings within thirty days (or repair 
said fence, gate, bars or farm crossings, as the case may be, 
within ten days), after the service of said notice. Such notice 
shall describe the lands on which said fence, gates, bars or farm 
crossings are required to be built or repaired. Service of such 
notice may be made by delivering the same to any station agent 
of said railroad corporation or the persons operating such rail¬ 
road. 2 [Laws 1869, p. 315, § 1. 

5. Adjoining owner may build and recover.] §4. If the 

party so notified shall refuse to build or repair such fence, gates, 
bars or farm crossings, in accordance with the provisions of this 
Act, the owner or occupant of the land required to be fenced 
shall have the right to enter upon the land and track of said 
railroad company, and may build or repair such fence, gates, bars 
or farm crossings, as the case may be, and the person so building 
or repairing such fence, gates, bars or farm crossings, shall be 
entitled to double the value thereof from such corporation or 
party actually occupying or using such railroad, to be recovered 
with interest at one per cent, per month, as damages, from the 
time such fence, gates, bars or farm crossings were built or re¬ 
paired, in any court of competent jurisdiction, together with 
costs, to be taxed by the court. [Laws 1869, p. 315, § 2. 

6. Boards at crossings.] § 5. Every railroad corporation 
shall cause boards, well supported by posts or otherwise, to be 
placed and constantly maintained upon each public road or 
street where the same is crossed by its railroad on the same 
level. Said boards shall be elevated so as not to obstruct the 
travel, and to be easily seen by travelers. On each side of said 
boards shall be painted in capital letters, of at least the size of 
nine inches each, the words “Railroad Crossing,” or “Look out 


(2) Form of Notice to Railroad Company to Build or Repair Fence , etc. 
To the - Railroad Co.: 

You are hereby notified that I require you to build [or repair] the fence 
along the line of your road on the folowing described land adjoining your 
said road, of which I am the owner [or occupant], to-wit: [describe the 
premises zvith reasonable certainty ], which fence I require you to build 
within thirty days [or repair within ten days] after the service of this 
notice. 

Dated and served this - day of-, A. D. 19—. A. B. 

A copy of this notice should be retained by the person serving it. 






Div. IV.] 


RAILROAD CROSSINGS. 


387 


for the cars.” This section shall not apply to streets in cities, or 
incorporated towns or villages, unless such railroad corporation 
shall be required to put up such boards by the corporate authori¬ 
ties of such cities, towns or villages: Provided , that when warn¬ 
ing boards have already been erected, under existing laws, the 
maintenance of the same shall be a sufficient compliance with 
the requirements of this section. [Laws 1849, p. 32, § 39. 

7. Bell and whistle—Crossings.] § 6. Every railroad cor¬ 
poration shall cause a bell, of at least thirty pounds’ weight, and 
a steam whistle placed and kept on each locomotive engine, and 
shall cause the same to be rung or whistled, by the engineer or 
fireman, at the distance of at least eighty rods from the place 
where the railroad crosses or intersects any public highway, and 
shall be kept ringing or whistling until such highway is reached. 1 
[Laws 1869, p. 308, § 1. 

8 . Killing stock—Frightening team.] § 6 ^ 2 . Any engineer 
or person having charge of and running any railroad engine or 
locomotive, who shall willfully or maliciously kill, wound or 
disfigure any horse, cow, mule, hog, sheep or other useful ani¬ 
mal, shall, upon conviction, be fined in the sum of not less than 
the value of the property so killed, wounded or disfigured, or 
confined in the county jail for a period of not less than ten days; 
and any such engineer or fireman, or other person, who shall 
wantonly or unnecessarily blow the engine whistle, so as to 
frighten any team, shall be liable to a fine of not less than $10 
nor more than $50. See “Criminal Code,” Chap. 38, § 191. 

9. Starting train without signal.] §7. If any engineer on 
any railroad shall start his train at any station, or within any 
city, incorporated town or village, without ringing the bell or 
sounding the whistle a reasonable time before starting, he shall 
forfeit a sum of not less than $10 nor more than $100 to be re¬ 
covered in an action of debt in the name of the People of the 
State of Illinois, and such corporation shall also forfeit a like 
sum, to be recovered in the same manner. 

10. Approaches at crossings.] § 8. Hereafter, at all of the 
railroad crossings of highways and streets in this State, the sev¬ 
eral railroad corporations in this State shall construct and main¬ 
tain said crossings, and the approaches thereto, within their re¬ 
spective rights of way, so that at all times they shall be safe 
as to persons and property. [Laws 1869, p. 312, § 1. 

(1) The law does not require a railroad company to ring a bell or sound a 
whistle at a farm crossing. Toledo, Peoria & Warsaw Railway Co. v. Head, 62 
Ill. R., 283. 





388 


FENCES. 


[Div. IV. 


11. Neglect to make, etc., crossings—Notice.] §9. When¬ 
ever any railroad corporation shall neglect to construct and 
maintain any of its crossings and approaches, as provided in sec¬ 
tion 8 of this Act, it shall be the duty of the proper public author¬ 
ities, having the charge of such highways or streets, to notify, 
in writing, the nearest agent of said railroad corporation of the 
condition of said crossing or approaches, and direct the same 
to be constructed, altered or repaired in such manner as they 
shall deem necessary for the safety of persons and property. * 1 

12. When company neglects, authorities to construct, etc.] 

§ 10. If any railroad corporation of this State shall, after having 
been notified, as provided in section 9 of this Act, neglect or re¬ 
fuse to construct, alter or repair such crossing or approaches 
within thirty days after such notice, then said public authorities 
shall forthwith cause such construction, alteration or repairs to 
be made. 

13. Company to pay expenses and $100.] §11. Said rail¬ 

road corporation shall be holden for all necessary expenses in¬ 
curred in making such construction, alteration and repairs, and 
in addition thereto shall be liable to a fine of $100 for such neg¬ 
lect to comply with the requirements of this Act, which fine 
shall be enforced by the said public authorities, in the name of 
the People of the State of Illinois, before any court of competent 
jurisdiction in the county. Such fine, when collected, to be paid 
into the treasury of the authorities enforcing the fine. 


When a railroad crossing is an unusually dangerous one, on account of the 
hilly formation of the road and parties could not see the track, owing to brush and 
bushes, until within a few feet, and then only a small portion on account of a 
sharp curve in the road, held that a neglect to sound the whistle or ring the bell 
would be gross negligence. Indianapolis & St. Louis R. R. Co. v. Stables, 62 Ill. 
R.. 313. 

(1) Form of Notice by Commissioners of Highways to Railroad Agent for 

Repair of Crossing . 

To A. B., nearest agent of the - railroad corporation: 

In pursuance of the statute in such cases made and provided, the com. 

missioners of highways of the town of -, in the county of -, and 

State of Illinois, being the proper public authorities having charge of the 
highways in said town, do hereby notify you, as the nearest agent of the 
above named railroad corporation, that the crossing [or approaches to the 
crossing] of said railroad, at the point where the same intersects the high¬ 
way leading from -- to - [ describe place of crossing, with cer¬ 

tainty ,] is out of repair stating wherein; [or if the crossing or ap¬ 
proaches have not been constructed, state accordingly ,] and said commis¬ 
sioners do direct that the same be repaired [or constructed or altered] in 
manner following [state what is required ]. 

Dated this - day of -, A. D. 19—. 

[Signed by board of highway commissioners .] 










Div. IV.] 


RAILROAD CROSSINGS. 


389 


14. Not to obstruct highway.] § 14. No railroad corpora¬ 
tion shall obstruct any public highway by stopping any train 
upon, or by leaving any car or locomotive engine standing on 
its track where the same intersects or crosses such public high¬ 
ways, except for the purpose of receiving or discharging pas¬ 
sengers or freight, or for taking in or setting out cars, or to re¬ 
ceive the necessary fuel and water, and in no case to exceed ten 
minutes for each train, car or locomotive engine. 

********** 

Any person who shall throw any stone, or other hard sub¬ 
stance at any railroad car, train or locomotive, shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be 
fined in any sum not more than $200, and shall stand committed 
to the county jail until such fine and costs shall be paid. [As 
amended by Act approved June 21, 1895. In force July 1, 1895. 
Laws 1895, p. 293. 

* * * * * * * * * * 

15. Flagmen—Shelter.] § 35. In all cases where the public 
authorities having charge of any street over which there shall 
be a railroad crossing, shall notify any agent of the corporation 
owning, using or operating such railroad, that a flagman is neces¬ 
sary at such crossing, it shall be the duty of such railroad com¬ 
pany, within sixty days thereafter, to place and retain a flagman 
at such crossing, who shall perform the duties usually required 
of flagmen; and such flagman is hereby empowered to stop any 
and all persons from crossing a railroad track when, in his opin¬ 
ion, there is danger from approaching trains or locomotive en¬ 
gines ; and any railroad company refusing or neglecting to place 
flagmen, as required by this section, shall be liable to a fine of 
$100 per day for every day they shall neglect or refuse to do so; 
and it is hereby made the duty of such public authorities hav¬ 
ing charge of such street, to enforce the payment of such fine, 
by suit, in the name of the town or municipal corporation 
wherein such crossing shall be situate, before any court of compe¬ 
tent jurisdiction in the county, and the prosecuting attorney 
shall attend to the prosecution of all suits as directed by said 
public authorities. All the moneys collected under the pro¬ 
visions of this Act shall be paid into the treasury of the town 
or municipal corporation in whose name such suits shall have 
been brought: Provided, that when any railroad company is re¬ 
quired to keep a flagman at a crossing, it shall have the right 
to erect and maintain in the highway or street crossed a suit¬ 
able house for the shelter of such flagman, the same to be so 
located as to create the least obstruction to the use of such street 



:i9<> 


FENCES. 


[Div. IV. 


or highway, and afford the best view of the railroad track in 
each direction from such crossing. 1 [Laws 1869, p. 314, §8. 

16. Penalties.] § 36. If any railroad corporation, or any of 
its agents, servants or employes, shall violate any of the pro¬ 
visions of this Act, such corporation, agent, servant or employe 
shall, severally, unless otherwise herein provided, be liable to a 
fine of not less than $10 nor more than $200, to be recovered 
in •an action of debt, in the name of the People of the State of 
Illinois, for the use of any person aggrieved, before any court of 
competent jurisdiction. 

17. Corporation defined.] § 37. The word “corporation,” 
as used in this Act, shall be construed to include all companies, 
lessees, contractors, persons, or association of persons, owning, 
operating or using any railroads in this state. 

18. Street railroads.] § 38. This Act shall not apply to 
horse cars or street railroads. 


(1) Streets in cities and villages or town plats are public highways and in 
towns not incorporated such streets would be subject to the care and superintendence 
of the commissioners of highways of the town. 

The legislature may compel railroads to fence their tracks, and this may be 
done by the imposition of fines, penalties or forfeitures. C. & St. L R R Co v 
Warrington, 92 Ill. R„ 157. ' ' ‘ 


A railway company is under obligation to leave every highway that it crosses 
in a safe condition for the use of the public in the absence of any provision in its 
charter to the contrary, and where this duty was imposed by the original charter 
under which a railroad was built, the same duty will rest upon any company who 
may afterward own the road, so long as the same is operated. The Peonle v 
C. & A. R. R. Co., 67 Ill. R., 118. P 


Although railroad companies are not required or cannot fence their tracks in 
an incorporated town, still they are bound to use all due and proper diligence to 
avoid injury to both persons and property; and they are not relieved from this duty 
even where stock is wrongfully running at large or trespassing on their track or 
right of way. T., W. & W. R'y Co. v. McGinnis, 71 Ill. R., 346. 


A railroad company is liable for obstructing the streets of a town with Its car* 

sr ° f oaiena ’ 40 in - r - t - p - & w - " s 




Div. V.] 


SUPPORT OF THE POOR. 


391 


DIVISION V. 

PAUPERS. 

AN ACT to revise the law in relation to paupers. [Approved March 23, 
1874. In force July 1, 1874. Revised Stat., chap. 107.] 

SUPPORT OF THE POOR. 

1. Who liable to support. 

2. Who first called on—County can sue. 

3. Complaint by state’s attorney. 

4. Complaint by overseer. 

5. Summons. 

6. Trial—Judgment. 

7. Contribution. 

8. Partial support. 

9. Time of maintenance and payment. 

10. Order may be changed. 

11. How payments enforced. 

12. Costs. 

13. Bringing pauper into county—Penalty. 

14. Support by county. 

15. Support by towns. 

16. Removal of pauper not resident of county—Charges. 

17. “Residence” defined. 

18. Overseers in counties under township organization. 

19. Overseers in counties not under township organization. 

20. Duties of overseers. 

21. Letting out support of poor. 

22. Bond. 

23. Temporary relief. 

24. Aid to non-resident poor—Burial. 

25. Report of overseers to county board. 

26. Appropriations. 

27. Report of overseers to town auditors. 

28. Powers of county board. 

(1) Erecting and maintaining poor-house and farm. 

(2) Gifts, bequests, etc., in aid. 

(3) Rules, etc., for government. 

(4) Appointment of keeper and servants, etc. 

(5) . Appointment of county physician, etc. 

(6) Appointment of county agent. 

(7) Appropriations. 

(8) Sale of. poor farm. 

29. Account by overseer. 

30. Account by county agent. 

31. Account by keeper of poor-house. 

32. Neglect to report. 

33. Poor to be kept at poor-house. 

34. Curative. 

35. Township support—How abandoned. 

1 . Who liable to support.] § 1 . Be it enacted by the Peo¬ 
ple of the State of Illinois, represented in the General Assembly: 



392 


PAUPERS. 


[Div. V. 


That every poor person who shall be unable to earn a livelihood 
in consequence of any bodily infirmity, idiocy, lunacy or other 
unavoidable cause, shall be supported by the father, grandfather, 
mother, grandmother, children, grandchildren, brothers or sisters 
of such poor person, if they, or either of them, be of sufficient 
ability: Provided, that when any persons become paupers from 
intemperance, or other bad conduct, they shall not be entitled to 
support from any relation except parent or child. 1 [Revised 
Stat. 1845, p. 402, § 1. 

2. Who first called on—County can sue.] §2. The chil¬ 
dren shall first be called on to support their parents, if there be chil¬ 
dren of sufficient ability; and if there be none of sufficient 
ability, the parents of such poor person shall next be 
called on if they be of sufficient ability; and if there be no 
parents or children of sufficient ability, the brothers and sisters 
of such poor person shall next be called on, if they be of suf¬ 
ficient ability; and if there be no brothers or sisters of sufficient 
ability, the grandchildren of such poor person shall next be called 
on, if they be of sufficient ability, and next the grandparents, 
if they be of sufficient ability: Provided, married females, while 
their husbands live, shall not be liable to contribute for the sup¬ 
port of their poor relatives, except when they have separate prop¬ 
erty, or property in their own right, out of which such contri¬ 
butions can be made: Provided, further, that when the county 
in the first instance shall furnish support to such persons as are 
mentioned in section 1 of this Act, that the county can sue the 
relatives mentioned in this section, in the manner provided in this 
Act, for any sum or sums paid by the county for the support of 
such person [s] mentioned in section 1 of this Act. [As amended 
by Act approved June 10, 1909. In force July 1, 1909. Laws 
1909, p. 299. 

3. Complaint by state’s attorney.] § 3. Upon any failure 
of any such relative, or relatives, to support such poor person as 
provided by this Act, it shall be the duty of the State’s Attor¬ 
ney to make complaint thereof to the County Court of this 
county, against all the relatives of such pauper in this State, 
liable to his support, and prosecute the same. 

4. Complaint by overseer.] § 4. The complaint provided 
for in the preceding section may also be made by the overseer 

(1) A pauper, under our statute, is a person destitute of pecuniary means and 
unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy or 
other unavoidable cause. Williams v. Franklin, 39 Ill. R., 22. 

Where a man has been supplied at his own request as a pauper for many 
months, it is good evidence, so far as he is concerned, that he is a pauper. Hunne- 
well v. Hobart, 4 0 Maine, R., 28. 

A pauper is defined to be a poor person, particularly one so indigent as to 
depend upon the parish or town for support. Lee County v. Lackie, 30 Ark. R., 764. 




Div. V.] 


SUPPORT OF THE POOR. 


393 


of the poor of the town or precinct where the poor person may 
reside, and it shall be the duty of such overseer to make such 
complaint in all cases where there may not be a county agent 
or state’s attorney, or when the county agent or state’s attor¬ 
ney shall refuse or neglect to make the same. 

5 . Summons.] § 5. At least three days’ notice of such ap¬ 
plication shall be given to the defendant, by summons, requiring 
him to appear and answer the complaint. [As amended by Act 
approved May 24, 1907. In force July 1, 1907. Laws 1907, 
p. 441. 

6. Trial—Judgment.] § 6. The defendants, being duly 
notified, the court shall proceed in a summary way to hear the 
proofs and allegations of the parties, without further written 
pleadings, and if satisfied by the allegations and proofs that the 
defendants, or any of them, are not supporting such poor per¬ 
son, or contributing their proper share for such support, in a 
manner suitable to the situation of such poor person, taking 
into account the ability of such defendants, then the court may 
at the time of giving judgment in the case, and from time to 
time thereafter, make any and all necessary orders in regard 
to the custody of such poor person, and for the payment weekly 
to the overseer of the poor of the town or precinct, or to such 
other person as the court shall direct, of such sum, to be ap¬ 
plied in the support of such poor person, as in the opinion of 
the court is necessary to so properly support such poor person, 
taking in view the ability of the defendants to furnish such sup¬ 
port. The court may discharge any defendant that may appear 
not to be liable for such support, or who is contributing his 
fair share therefor. 

7 . Contribution.] § 7. If it shall appear that the relatives 
of a certain degree are unable wholly to maintain such poor 
person, but are able to contribute towards his support, the court 
may, in its discretion, direct two or more relatives of different 
degrees to maintain such poor person, and shall prescribe the 
proportion which each shall contribute for that purpose. 

8. Partial support.] § 8. If it shall appear that the relatives 
liable, as aforesaid, are not of sufficient ability wholly to main¬ 
tain such poor person, but are able to contribute something, the 
court shall direct the sum, in proportion to their ability, which 
such relatives shall pay weekly for that purpose. 

9. Time of maintenance and payment.] § 9. The order 
may specify the time during which the relatives aforesaid shall 



394 


PAUPERS. 


[Div. V. 


maintain such poor person, or during which any of the sums so 
directed shall be paid, or it may be indefinite, and until the 
further order of the court. 

10. Order may be changed.] § 10. The court may, from 
time to time, vary such order whenever circumstances shall re¬ 
quire it, on the application either of any relative affected thereby, 
or of the county agent or overseer of the poor, upon ten days’ 
notice being given to the opposite party. 

11 . How payments enforced.] § 11. Payment of the sev¬ 
eral sums under such order as they fall due may be compelled 
by attachment as for contempt against the persons of the defend¬ 
ants, or by execution against their lands and tenements, goods 
and chattels, or both, in like manner as other judgments at law 
or decrees in chancery. 

12. Costs.] § 12. In every such application, if the judg¬ 
ment shall be against the defendant, he shall also be adjudged 
to pay the costs of the proceeding, or the costs may be appor¬ 
tioned according to the rights of the case, but if the application 
is dismissed it shall be at the costs of the county or town on 
whose behalf the application is made. [Laws 1869, p. 369. 

13. Bringing pauper into county—Penalty.] § 13. If any 
person shall bring and leave any pauper in any county in this 
State, wherein such pauper is not lawfully settled, knowing him 
to be a pauper, he shall forfeit and pay the sum of $100 for every 
such offense, to be sued for and recovered by and to the use of 
such county by action of debt, before any justice of the peace in 
the proper county. [Revised Stat. 1845, p. 404, § 16. 

14 . Support by county.] § 14. Every county (except those 
in which the poor are supported by the towns) shall relieve and 
support all poor and indigent persons lawfully resident therein, 
except as herein otherwise provided. 1 [Revised Stat. 1845, p. 
402, §3. 

(1) The duty of supporting the paupers resident in the various counties of this 
State, is imposed upon such counties, and they are bound by all contracts for the 
support of such persons, when legally entered into by the proper officer. Supervisors 
of Clay County v. Plant, 42 Ill. R., 324. 

The statute makes the respective counties liable for clothes furnished patients in 
the hospital, who are paupers and county charges. Opinion Att’y Gen. Edsall, 
May 3, 1875. 

It is the duty of the counties to maintain all paupers in their counties, and 
it is immaterial whether they are found in cities, villages, or other parts of the 
county. Opinion Att’y Gen. Edsall, January 27, 1876. 

There is no law in force authorizing a county to abandon the support of its 
poor, as a county, and adopt the system of separate support by the townships. 
Such change cannot be made without further legislation. Opinion Att’y Gen Edsall 
April 2, 1878. 




Div. V.J 


SUPPORT OF THE POOR. 


395 


15. Support by towns.] § 15. Every town in counties in 
which the poor are supported by the towns (as provided by law) 
shall relieve and support all poor and indigent persons lawfully 
resident therein, except as herein otherwise provided. 

16. Removal of pauper not resident of county—Charges.] 

§ 16. If any person shall become chargeable as a pauper in any 
county or town, who did not reside therein at the commencement 
of twelve months immediately preceding his becoming so charge¬ 
able, but did at that time, reside in some other county or town 
in this State, it shall be the duty of the county or town clerk, 
as the case may be, to send written notice by mail or otherwise, 
to the county clerk of the county in which the pauper so re¬ 
sided, or if he then resided in a town supporting its own poor, 
to the town clerk of such town, requesting the proper authori¬ 
ties of such county or town to remove said pauper forthwith, 
and to pay the expenses accrued and to accrue in taking care of 
the same; and such county or town, as the case may be, where 
such pauper resided at the commencement of the twelve months 
immediately preceding such person becoming chargeable as a 
pauper, shall pay to the county or town so taking care of such 
pauper, all reasonable charges for the same, and such amount 
may be recovered by suit in any court of competent jurisdiction. 1 


If the proper public authorities fail to provide a comfortable support of paupers, 
after notice of their condition, individuals may do so, and recover of the public 
therefor. Seagreaves v. City of Alton, 13 Ill. R., 372. 

Where a city voluntarily supports an insane person, having means of support, 
recovery cannot be had of the county therefor. City of Alton v. Madison County, 
21 Ill. R., 115. 

It has been held to be the duty of overseers of the poor to relieve a person 
found in their town in distress, although he may have property of his own, not 
available for his immediate relief. Norridgewock v. Solon, 49 Maine R., 385. 

It has, in practice, always been supposed that when an overseer of the poor 
is unable to procure any contract for the support of a pauper, and no poor house 
has been provided, or in case of urgency, he may purchase necessary articles for 
the relief of the pauper on credit of the county, and thus render it liable for pay¬ 
ment. Supervisors of Clay County v. Plant, 42 Ill. R., 325. See Clinton v. Benton, 
49 Maine R., 650. 

But where contracts for the support of paupers, or for articles furnished are 
extravagant or improvident, the board of supervisors may, no doubt, reduce the 
amount to be paid. Supervisors of Clay County v. Plant, 42 Ill. R., 324. 

A county would probably not be liable for medical services rendered a pauper, 
unless ordered by the overseer of the poor, even where it was needed before such 
order could be obtained. French v. Benton, 44 N. Hamp. R., 28. 

Where goods are furnished to persons as paupers, and the amount is sought to 
be recovered of the county, it should be shown that the persons to whom the goods 
were furnished were paupers, or the claim may properly be rejected. Board of Su¬ 
pervisors v. Newell et al., 81 Ill. R., 387. 

(1) Form of Notice to Remove Non-resident Pauper. 

To the county clerk of-county, State of Illinois [or as the case mav 

be 1 : 

You are hereby notified that one A. B. has become chargeable as a pau- 






39G 


PAUPERS. 


[Div. V. 


[As amended by Act approved June 1, 1889. In force July 1, 
1889. Laws 1889, p. 217. 

17. “Residence” defined.] § 17. The term “residence,” 
mentioned in this Act, shall be taken and considered to mean 
the actual residence of the party, or the place where he was em¬ 
ployed, or in case he was in no employment, then it shall be 
considered and held to be the place where he made it his home. 2 
[Revised Stat. 1845, p. 404, § 15. 

18. Overseers in counties under township organization.] 

§ 18. In counties under township organization the supervisors 
of the respective towns therein shall be ex-officio overseers of 
the poor of their towns: Provided, That for towns containing 
four thousand (4000) inhabitants or over, upon written request 
of said supervisors, the county board may appoint an overseer 
who is a resident of such town, fix his compensation and term 
of office, which shall not exceed the term of said board. The 
overseer so appointed shall execute to the county an official bond 
in a penal sum and with sureties to be fixed and approved by 
the county board, conditioned for the faithful discharge of his 
duties and the due application of all funds or property which 
shall come to his hands as such overseer: Provided, further, 
that this section shall not apply to counties containing over two 


per in the town of -, county of -, and State of Illinois, he not 

residing therein at the commencement of thirty days immediately preced¬ 
ing his becoming so chargeable, but did at that time reside in [state resi¬ 
dence of the pauper], the proper authorities of said county [or town] are 
therefore requested to remove said pauper forthwith, and pay the expenses 
accrued and to accrue in taking care of ths same. 

Dated at -, this - day of -, A. D. 19—. 

C. D. 

Town Clerk of the town of -. 

( 2) The settlement or residence of a pauper is the place of his birth until he 
acquires another derivatively from his parents or by acts of his own. Toby v. Mad¬ 
ison, 44 Penn. St. R. (3 Wright), 60. 

After coming of age, a minor’s removal elsewhere to reside, with no determinate 
intention of departure, will fix his domicile there; and it will not be altered by his 
afterwards going away temporarily with the intent to return. Hart v. Lindsey, 
17 N. Hamp. R., 235. 

A person having a legal settlement in one place, that settlement continues until 
another is acquired in the State. A settlement in another state or county will not 
change that acquired in this State, if the pauper returns to it. Where a person 
moved into a town, purchased property, resided two years, and then left the State, 
leaving his family behind him, the settlement and residence of the family is there 
fixed; and, if they become paupers, they are a charge upon such town or county. 
Payne v. Town of Dunham, 29 Ill. R., 129. See Townsend v. Bitlerica, 10 Mas's 
R., 411. 

An illegitimate child retains the settlement which his mother had at his birth 
until he gains one in his own right, notwithstanding that she subsequently acquires 
another. Hallowell v. Augusta, 52 Maine R., 216. 

Persons acting under the legal authority of others, or not capable of acting for 
themselves for the want of mind, do not lose or acquire a residence thereby. Payne 










Div. V.] 


SUPPORT OF THE POOR. 


397 


hundred thousand (200,000) inhabitants. * 1 [As amended by Act 
approved May 24, 1877. In force July 1 , 1877. Laws 1877, 
p. 143. 

19. Overseers in counties not under township organization.] 

§ 19. In counties not under township organization, the county 
board shall designate some justice of the peace or some other 
suitable person in each precinct therein, who shall be overseer 
of the poor in such precinct. [Revised Stat. 1845, p. 403, § 5. 

20. Duties of overseers.] §20. The overseers of the poor 
shall have the care and oversight of all such persons in their town 
or precinct as are unable to earn a livelihood in consequence of 
any bodily infirmity, idiocy, lunacy or other unavoidable cause, 
and as are not supported by their relatives or at the county poor 
house, and shall see that they are suitably relieved, supported 
and employed, subject to such restrictions and regulations as 
may be prescribed by the county board, or in case the poor are 
supported by the town, subject to such restrictions and regula¬ 
tions as may be prescribed by such town. [Revised Stat. 1845, 
p. 403, § 6. 

21. Letting out support of poor.] §21. Where the county 
has not a poor house at which its poor are supported, the over¬ 
seers of the poor of the respective towns or precincts shall com¬ 
mit the care of such poor persons as shall require to be sup¬ 
ported by the county or by the town, to some moral and dis- 


v. Town of Dunham, 29 Ill. R., 125; Town of Freeport v. Stephenson County, 41 
Ill. R., 501. The residence or settlement of such a person Is derived from his father 
or those having paramount control over him. Payne v. Town of Dunham, 29 III, 
R., 128. 

A residence is not changed by absence for a temporary purpose only, if the 
person has sufficient intelligence to form and retain the intention cd leaving for a 
temporary purpose and of returning; and he does return, in accordance with such 
intention. Corinth v. Bradford, 15 Maine R., 540. The rule that a domicile once 
acquired is presumed to continue until a subsequent change is shown, applies to 
oases of settlement of paupers. Chickopee v. Whately, 6 Allen R., (Mass.) 508. 

The admissions of overseers of the poor in binding out, or their acts in providing 
support for a pauper, are not admissable in evidence against the town to prove 
the settlement of a person therein. New Bedford v. Taunton, 9 Allen (Mass.) 207; 
Dartmouth v. Lakeville, Id., 211. 

By the division of a town, or the annexation of a portion of one to another, 
the pauper of the portion annexed does not lose his previous settlement or residence 
at the place where he had it when he became a public charge. Town of Freeport 
v. Stephenson County, 41 Ill. R., 495. See cases cited, Oxford v. Bethany, 15 Conn. 
R., 252; vice versa, 550; Brewer v. Epdington, 42 Maine R., 541. Yarmouth v. 
North Yarmouth, 44 Maine R., 353; Southridge v. Sharlton, 15 Mass. R., 248. 

(1) Under the township organization law, it is not necessary that the justices 
of the peace of the town shall join with the overseer of the poor in ordering goods 
for the support of a pauper; he may act alone. The overseer of the poor alone is 
authorized to perform the duties of the office. Where he has entered into a con¬ 
tract for the support of a pauper, the liability of a county is thereby fixed, and its 
agents have no discretion, but must discharge the obligation. Nor can the chairman 
of the board of supervisors, in such a case, by notice or otherwise, abridge the 
powers of the overseer of the poor. He derives his powers from the law, and not 
from the supervisors. Supervisors of Clay County v. Plant, 42 Ill. R., 324. 





.'•>08 


PAUPERS. 


[Div. V. 


creet householder in the town or precinct of sufficient ability to 
provide for them, and who will enter into a written contract with 
the county (or, if the poor are supported by the town, with the 
town), therefor upon such terms and conditions as may be ap¬ 
proved by the county board or board of town auditors, as the 
case may be. 1 [Revised Stat. 1845, p. 403, §6. 

22. Bond.] §22. Every person to whom the care of the 
poor of any town or precinct shall be committed, shall execute 
to the county (or town, as the case may be), a bond, with such 
security as the county board (or board of town auditors, as the 
case may be), shall require, conditioned that he will treat every 
poor person committed to his care with humanity, and afford 
him the necessary attention and comforts of life suitable to his 
condition, and that he will fulfil his said agreement for the keep- 


( 1 ) Form of Contract for Support of Poor Person. 

This contract, made and entered into this - day of -, A. D. 19—, 

between A. B., of-, and the town of -, in the county of -, 

and State of Illinois, witnesseth: That the said A. B., in consideration of 
the agreements herein on the part of said town of -, does hereby con¬ 

tract and agree to take care of one O. P., a poor person of said town, 
for and during the period of [state the time] from the date hereof, and 
during said time to support and provide for said O. P. in a good and com¬ 
fortable manner, and to supply him with [ state the particulars of the con¬ 
tract as agreed upon]. 

And the said town of - agrees, on condition of faithful perform¬ 

ance of this contract by said A. B. on his part, as herein set forth, to pay 
to him [state agreement on the part of the town]. 

In witness whereof, said A. B. has hereunto set his hand and seal, and 
C. D., supervisor of said town, doth the like, on the part of said town, the 
day and year first above written. 

A. B., [seal.] 

C. D., [seal.] 
Supervisor. 

Form of Approval of Contract by Town Auditors. 

We, the town auditors of the town of -, do hereby approve the 

above [or within] contract by A. B. with said town of -. 

Dated this - day of -, A. D. 19—. 

[To be signed by the town auditors ]. 

The bond required to be given by the person contracting to support a pauper, 
as designed to indemnify the county or town against further expense in supporting 
the pauper, but not to absolve it from the duty. If the person agreeing to support 
the pauper fails through inability, or otherwise, to do so, the county or town must 
still afford the relief, and must look tc the person with whom they contracted, and 
his securities, for indemnity for the loss. If the overseer fails to take a bond, and 
the person with whom he has contracted fails to support the pauper, he should 
then, if within his power, contract with some other person; or failing in that, he 
should furnish such articles as are adapted to the necessities of the pauper, and 
hire a suitable person, on the best terms he can, to help him. If the overseer should 
act in bad faith, or is guilty of fraud, and the county thereby becomes the loser, he 
would, it seems, be liable for the loss. Supervisors of Clay County v. Plant 42 Ill 
R., 325. 
















Div. V.] 


SUPPORT OF THE POOR. 


399 


ing of such poor according to the true intent and meaning 
thereof. 1 [Revised Stat. 1845, p. 403, §6. 

23. Temporary relief.] §23. When any poor or indigent 
person does not require to be supported wholly by the county, 
the overseer of the poor may, subject to such limitations as may 
be prescribed by the county board, render him temporary relief 
without his being committed to the care of any such person, 
or being sent to the county poor house: Provided, that when the 
county shall furnish such poor or indigent person temporary 
relief, that the county shall recover from the relatives of such 
poor or indigent persons in an appropriate action as provided 
by this Act. [As amended by Act approved June 10, 1909. In 
force July 1, 1909. Laws 1909, p. 299. 

24. Aid to non-resident poor—Burial.] § 24. When any 

non-resident, or any person not coming within the definition of 
a pauper, of any county or town, shall fall sick or die, not having 
money or property to pay his board, nursing and medical aid 


( 1 ) Form of Bond by Person Contracting to Take Care of Poor Person. 

Know all men by these presents, that we, A. B. and C. D., of -, are 

held and firmly bound unto the town of-, in the county of-, and 

State of Illinois, in the penal sum of - dollars, which sum well and 

truly to be paid, we bind ourselves, our heirs, executors and administrators, 
jointly, severally and firmly by these presents. Sealed with our seals, this 
- day of -, A. D. 19 —. 

The condition of the above obligation is such that, whereas, the above 
bounden A. B. has this day entered into written contract with the said 

town of -, for the care and support of O. P., a poor person of said 

town, for and during the period of [state the time]. Now, if the said A. 
B. shall treat said poor person so committed to his care with humanity, 
and afford him the necessary attention and comforts of life suitable to his 
condition, and shall fulfill his said agreement for the keeping of such poor 
person, according to the true intent and meaning thereof, then this obligation 
to be void, otherwise to remain in full force and effect. 

A. B., [seal.] 

C. D., [seal.] 

A contract with a county or town to properly feed and clothe every pauper sent 
to the contractor upon the order of the proper authorities, for a specified sum, the 
contractor can recover no more than that sum from the county or town for taking 
care of a lunatic pauper, although the trouble and expense was increased by reason 
of the insanity. The term pauper, under the statute, includes lunatic paupers. 
County of Macoupin v. Edwards, 15 Ill. R., 198. 

A person not authorized by law for that purpose, cannot furnish board to one 
who is on the list of paupers, and an inmate of the poor-house, and have a claim 
therefor upon the county, whether he knew the party to be a pauper or not; and 
the overseers of the poor have no power to bind the county to the payment of such 
claim. Board of Commissioners of Knox County v. Jones, 7 Ind. R., 3. 

Insane persons are not intended to be included in the pauper Act. An insane 
person having property adequate to his support, is not a pauper, and the county is 
not liable for the support of such person, nor is the city in which he resides liable 
for his support. City of Alton v. County of Madison, 21 Ill. R., 115. 













400 


PAUPERS. 


[Div. V. 


or burial expenses, the overseer or overseers of the poor of the 
town or precinct in which he may be shall give, or cause to be 
given to him such assistance as they may deem necessary and 
proper, or cause him to be conveyed to his home, and if he shall 
die, cause him to be decently buried; and the county shall pay 
the reasonable expense thereof, which expenses of board, nurs¬ 
ing, medical aid and burial expenses, may be recovered from the 
relatives of the said pauper, or from the county of which he is a 
resident, in an appropriate action. [As amended by Act ap¬ 
proved June 10, 1909. In force July 1, 1909. Laws 1909, p. 299. 

25. Report of overseers to county board.] § 25. In all 
counties in which the poor are not supported by the towns, the 
overseers of the poor of each town or precinct shall, at each 
regular session of the county board, and at such other times as 
the county board may require, make a full report of all their 
actings and doings, and return a list of all the poor in their re¬ 
spective towns or precincts, specifying the age, sex, condition 
and infirmities of each. [Revised Stat. 1845, p. 403, §7. 

26. Appropriations.] §26. Upon such report being made, 
it shall be the duty of the county board to make the proper ap¬ 
propriations from the county treasury for the payment of the 
necessary expenses of such relief and support of the poor. [Re¬ 
vised Stat. 1845, p. 403, § 8. 

27. Report of overseers to town auditors.] § 27. When the 
poor are supported by towns, the overseers of the poor shall 
make such report to the board of town auditors at their regular 
meeting, who shall audit all accounts and order the payment 
of such expenses from the town treasury. 

28. Powers of county board.] § 28. The county board of 
any county in this State in which the poor are not supported 
by the towns thereof, as provided by law, shall have power— 

1. To acquire, in the name of the county, by purchase, 
grant, gift or devise, a suitable tract or tracts of land upon which 
to erect and maintain a county poor house, and other necessary 
buildings in connection therewith, and for the establishment and 


Counties are liable for a reasonable compensation, under the pauper Act, to 
one who renders medical aid to persons falling sick within the county, and having 
no means to pay for the same. The decision of the board of supervisors as to what 
is a proper allowance, is not conclusive; and if a proper amount is not allowed, an 
action may be maintained therefor. Tn such cases, persons falling sick with a 
contagious disease are not paupers within the meaning of the statute, and in an 
action to recover for medical aid so furnished to them, the liability of the county is 
not affected by the fact that a “poor-house” had been provided in the county for 
the reception of paupers. Such an establishment is not designed to receive persons 
affected with contagious disease, but only those who are technically paupers. 
Supervisors of La Salle v. Reynolds, 49 Ill. R., 186. 




401 


Div. V.j SUPPORT OF THE POOR. 


maintenance of a farm for the employment of the poor, and to 
erect and maintain such buildings and establish and maintain 
such farm; but they shall not expend for the purchase of any 
such land or the erection of any such building a sum exceeding 
$3,000, without a two-thirds majority vote of all the members 
of the county board. 

2. To receive, in the name of the county, gifts, devises and 
bequests to aid in the erection or maintenance of a poor house, 
or in the care and support of poor and indigent persons. 

3. To make all proper rules and regulations for the man¬ 
agement of the county poor house and poor farmland of the in¬ 
mates of the poor house. 

4. To appoint a keeper of the poor house and all necessary 
agents and servants for the management and control of the poor 
house and farm, and prescribe their compensation and duties. 

5. To appoint a county physician and prescribe his com¬ 
pensation and duties. 

6. To appoint an agent to have the general supervision and 
charge of all matters in relation to the care and support of the 
poor, and prescribe his compensation and duties. 

7. To make all proper and necessary appropriations out of 
the county treasury for the purchase of land and the erection of 
buildings, as authorized by this Act, and to defray the expenses 
necessary in the care and maintenance of the same, and for the 
support of the poor, and to cause an amount sufficient for said 
purposes to be levied upon the taxable property of the county, 
and collected as other taxes. 

8. Upon a two-thirds majority of all the members of the 
board, to sell and dispose of the whole or any part of the poor 
farm of the county in such manner and upon such terms as they 
may deem most for the interests of the county, and to make 
and execute all necessary conveyances thereof, in the same man¬ 
ner as other conveyances of real estate may be made by a county. 
[Revised Stat. 1845, p. 404, § 17, 18, 19, 20, 23; Laws 1861, p. 
180, § 1; Laws 1855, p. 132, § 1. 

29. Account by overseer.] § 29. The overseers of the poor 
in each town in counties under township organization (whether 
the poor are supported by townships or otherwise), and of each 
precinct in counties not under township organization, shall keep 
an accurate account, showing the name of every person relieved 
or supported in their town or precinct; the place of his birth; 
the manner in which he is relieved or supported, whether in 
whole or in part at the expense of the county or town; the 
amount of the aid furnished; whether the dependency was on 



402 


PAUPERS. 


[Div. V. 


account of idiocy, lunacy, intemperance, or other cause, stating 
the cause. And on or before the first meeting of the county 
board of September in each year, file a copy of such account with 
the county clerk of their county. 

30. Account by county agent.] § 30. When the county 
agent shall furnish relief to any of the poor of the county, he 
shall keep a like account, and at the same time in each year file 
a copy of the same with the county clerk of his county. 

31. Account by keeper of poor house.] §31. The keeper 
of the poor house shall also keep an account, showing the name 
of each person admitted to the county poor house; the time of 
his admission and discharge; the place of his birth; whether his 
dependence resulted from idiocy, lunacy, intemperance, or other 
cause, stating the cause; and shall, at the same time, in each year, 
file with the county clerk of his county a copy of the same, to¬ 
gether with a statement showing the average number of persons 
kept in the poor house each month during the year. 

32. Neglect to report.] § 32. If any overseer of the poor, 
county agent, or keeper of the poor house, shall fail or neglect 
to make such a report at the time required by this Act, he shall 
for each offense, forfeit the sum of $25, to be recovered in the 
name of the county, in any court of competent jurisdiction. 

33. Poor to be kept at poor house.] §33. When any 
county shall have provided a suitable poor house for the accom¬ 
modation of the poor of the county, and the same is ready for 
the reception and care of the poor, all poor persons requiring the 
care and support of the county shall be cared for and supported 
at such poor house, and not in the several towns and precincts 
in the county, except when they cannot be received in the poor 
house, and except as herein otherwise provided. [Revised Stat 
1845, p. 404, § 21. 

34. Curative.] § 34. In all cases where counties have voted- 
for the support of the paupers of such counties by townships, and 
the said counties have acted in good faith for the term of five 
years under the authority of said vote, in the support of paupers 
by townships, the acts of said counties and the townships thereof 
shall be deemed legal and binding, notwithstanding any informal¬ 
ity in the time or manner of holding the said elections, or in 
recording or preserving the records of the same. [Laws 1871-2, 
P- 596, § 1. 

35. Township support—How abandoned.] § 35. Upon the 
petition of not less than twenty legal voters residing in each one 



Div. V.] 


SUPPORT OF THE POOR. 


403 


of a majority of the towns in any county which shall have 
adopted the mode of supporting paupers by townships, the county 
board shall cause to be submitted to the voters of the county, 
at the next general election for town officers, the question of the 
continuance of that mode of supporting the poor. The ballots 
shall be: “For township support of paupers,’' or “Against town¬ 
ship support of paupers,” and notices of the election shall be 
given and the votes canvassed and returns made the same as 
for county officers. If it shall appear by the returns of said 
election that a majority of the votes cast on that question at said 
election are against township support of paupers, then that mode 
of supporting the poor shall cease, and thereafter the poor shall 
be supported in the same manner as provided by law in counties 
not having adopted the support of the poor by townships; other¬ 
wise the poor of such county shall be supported by townships 
as heretofore provided. Said question shall not be submitted 
oftener than once in five years. 

RESIDENCE FOR PURPOSE OF VOTING. 

AN ACT to prevent illegal voting by paupers and others in this State. 

[Approved May 25, 1877. In force July 1, 1877. Laws 1877, p. 144.] 

1. Paupers—Residence—Voting. 

1. Paupers—Residence—Voting.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That no pauper or inmate of any county poor-house, insane 
asylum or hospital in this State, shall by virtue of his abode at 
such county poor-house, insane asylum or hospital be deemed a 
resident or legal voter in the town, city, village or election dis¬ 
trict or precinct in which such poor-house, insane asylum or hos¬ 
pital may be situated; but every such person shall be deemed a 
resident of the town, city, village or election district or precinct 
in which he resided next prior to becoming an inmate of such 
county poor-house, insane asylum or hospital. 1 

SEPARATE SUPPORT—POOR HOUSE. 

AN ACT to provide for the establishment and maintenance of county poor- 

houses in counties where the separate support of paupers has been 

adopted. [Approved May 23, 1877. In force July 1, 1877. Laws 1877, 

p. 144.] 

1. Separate support of paupers. 

2. Rate per day. 

3. Each town. 

4. When town fails to support. 

5. Reports. 


(1) A person does not forfeit his residence in a town or precinct in which he 
was a voter merely by becoming a County charge and an inmate of the poor-house. 
Dale v. Irwin, 28 Ill. R., 170. 





404 


PAUPERS. 


[Div. V. 


1. Separate support of paupers.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That the county board of any county that has heretofore 
adopted, or may hereafter adopt the separate support of paupers 
may, whenever it shall see fit so to do, establish and maintain 
a county poor house, and for this purpose shall have all the power 
given to county boards by section twenty-eight (28) of an Act 
entitled “An Act to revise the Law in relation to Paupers,” of 
the Revised Statutes of 1874. 

2. Rate per day.] §2. The county board of any such 
county, whenever any such poor house is established, may fix 
the rate per day or per week, that each town shall pay for the 
support and maintenance in such poor-house for each of their 
respective paupers, which shall be paid to the county agent in 
charge of the poor-house, or otherwise, as provided by the county 
board. 

3. Each town.] § 3. Each town of such counties may then 
have its paupers supported in such poor-house, by paying said 
rate, or may provide for them otherwise, as it shall deem best. 

4. When town fails to support.] § 4. The county agent in 
charge of said poor-house shall not receive any paupers except 
upon the order of the overseer of the poor of the town to which 
paupers belong, and should any town fail to pay for the support 
of its paupers, the county agent may be authorized by the county 
board to return such paupers to the town to which he or she 
may belong, or the county may sue for and recover the amount 
due for taking care of such paupers. 

5. Reports.] § 5. The county agent shall, as often as re¬ 
quired by the county board, make full and complete reports, un¬ 
der oath, of all moneys received and expended by him, as such 
county agent, and shall furnish such other information in rela¬ 
tion to the poor-house and farm as may be required of him. 

TUITION OF PAUPER CHILDREN. 

AN ACT requiring county boards to pay for the tuition of pauper children 

kept in poor-houses. [Approved May 24, 1877. In force July 1, 1877. 

Laws 1877, p. 145.] 

1. Tuition of pauper children. 

2. To whom paid. 

1. Tuition of pauper children.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That county boards shall order to be paid out of the county 



Div. V.] 


CHILDREN ON POOR FARMS. 


405 


treasury a just and equitable sum of money for the tuition of 
pauper children residing in the county poor house, and attending 
any district school in this State. 

2. To whom paid.] § 2. Said money shall be paid to the 
township treasurer of the township in which said district is situ¬ 
ated, and said treasurer shall place said money to the credit of 
the district where said pauper children attend school. 

CHILDREN ON POOR FARMS. 

AN ACT to authorize county judges to release certain children from custody 
of poor-houses and to make contract with persons for their support, 
maintenance and education. [Approved June 21 , 1895 . In force July 1, 
1895 . Laws 1895 , p. 177 .] 

1. Children on Poor Farms—Jurisdiction of County Judge—Home for 
such children. 

1. Children on poor farms—Jurisdiction of County Judge— 
Home for such children.] § 1. Be it enacted by the People of 
the State of Illinois, represented in the General Assembly: That 
the county judges of the several counties of this State be and 
they are hereby authorized to make such orders as shall be neces¬ 
sary to release from the custody of the keepers of the poor farms 
in their respective counties all children confined therein under 
the age of fourteen (14) years, who have no parents or legal 
guardians living, whenever the said judge can, without expense 
to the county, through the agency of any person or charitable 
society of this State, secure a good home for said child; and the 
said judge is hereby authorized, and it is made his duty to enter 


NOTE.—A county cannot relieve itself from liability to support paupers, by 
refusing or neglecting to make any rules and regulations on the subject. County of 
Perry v. DuQuoin, 99 Ill. R., 479. Where the county board have employed a county 
physician, another physician rendering medical services to a poor person, though 
by order of the overseer of the poor, cannot recover therefor of the county. County 
of DeWitt v. Wright, 91 Ill. R., 529. 

The legislature can impose the support of paupers upon towns, and it is not 
necessary that this question be submitted to a vote of the people in the county. 
Town of Fox v. Town of Kendall, 97 Ill. R., 72; County of Perry v. DuQuoin, 99 Ill. 
R., 479. To make a person a charge upon a town as a pauper, it is necessary that 
he should have resided in such town within six months before becoming a pauper. 
Town of Fox v. Town of Kendall, 97 Ill. R., 72. Persons afflicted with a contagious 
disease, who cannot be sent to the poor-house, but require medical assistance and 
care,, come within the class mentioned in § 24 as residents not coming within the 
definition of paupers, and a county is liable for their care. The section of the law 
relating to paupers, which provides for giving assistance to persons falling sick, 
not having money to pay for board, medical aid, etc., refers to two classes, non¬ 
residents and residents not coming witbin the definition of paupers. That part 
authorizing the sending of such persons to their homes, applies only to non¬ 
residents of the county. County of Perry v. DuQuoin, 99 Ill. R., 479. 

To hold a town liable for the support of a pauper who had resided there within 
six months before becoming a pauper in another town, notice of the fact, to the town 
sought to be charged, should be given within a reasonable time. Town of Fox v. 
Town of Kendall, 97 Ill. R., 72. The overseer of the poor of a town cannot render 
temporary relief to a poor person not required to be wholly supported by the county, 
contrary to the regulations of the county board. County of DeWitt v. Wright, 91 
Ill. R., 529. 






40 G 


TOWNSHIP INSURANCE COMPANIES. 


[Div. VI. 


into a contract on behalf of such child or children with the person 
who agrees to take such child, which contract shall provide that 
such child shall be clothed, maintained and schooled in the com¬ 
mon schools of the State until he, if a male child, is twenty-one years 
old, and, if a female, until she is eighteen years of age. 


DIVISION VI. 


TOWNSHIP INSURANCE COMPANIES. 

AN ACT to revise the law in relation to township insurance companies. 

[Approved March 24, 1874. In force July 1, 1874. Revised Stat. 

chap. 73.] 

1. Who may form. 

2. How formed. 

3. Directors—election of. 

4. President—Secretary—Treasurer. 

5. Bonds. 

6. Corporate powers. 

7. Members. 

8. Manner of insuring. 

9. Risks classified. 

10. When company not to insure. 

11. Notice of loss—Adjustment—Expense. 

12. When president may borrow money—Assessments. 

13. Notice of assessment. 

14. Suits. 

15. Annual statement. 

16. Withdrawal from company. 

17. Report to auditor—Certificate—Fees. 

18. Dissolution—Amended charter. 

19. Companies formed under act of 1872. 

1. Who may form.] § 1. Be it enacted by the People of the 
State of Illinois , represented in the General Assembly: That any 
number of persons, not less than twenty-five, residing in any con¬ 
gressional or political township, or in one or more adjoining con¬ 
gressional or political townships in this State, not exceeding 
twelve in number, and without regard to county lines, who col¬ 
lectively shall own property of not less than fifty thousand dol¬ 
lars ($50,000) in value, which they desire to have insured, may 
form an incorporated company for the purpose of mutual insur¬ 
ance against loss or damage by fire or lightning. [As amended 
by Act approved June 1, 1889. In force July 1, 1889. Laws 
1889, p. 187. 



Div. VI.] 


FORMING INSURANCE COMPANIES. 


407 


2. How formed.] §2. Such persons shall file with the 
auditor of public accounts a declaration of their intention to form 
a company for the purposes expressed in the preceding section, 
which declaration shall be signed by all the corporators and shall 
contain a copy of the charter proposed to be adopted by them. 
Such charter shall set forth the name of the corporation, which 
shall embrace the name of the township in which the business 
office of such company is to be located and the intended dura¬ 
tion of the company, and if it is found comformable to this Act 
and not inconsistent with the laws and constitution of this State, 
the auditor shall thereupon deliver to such persons a certified 
copy of the charter, which, on being filed in the office of the 
county clerk of the county where the office of such company is 
to be located, shall be their authority to organize and commence 
business. Such certified copy of the charter may be used in 
evidence for or against said company, with the same effect as 
the original: Provided, that such charter so obtained shall be 
subject to control of and modification by the General Assembly. 1 

3. Directors—Election of.] § 3. The number of directors 
shall not be less than nine nor more than fifteen, a majority of 
whom shall constitute a quorum to do business, to be elected 
from the corporators by ballot, of whom one-third shall be 
elected for one year, one-third for two years and one-third for 
three years, until their successors are elected and qualified. At 
all subsequent elections, except to fill vacancies, one-third of 


(1) Form of Declaration of Intention to Form 1 Company. 

We, the undersigned, residing in the political township of [insert name 
of township as known, for township organisation. If it is merely a con¬ 
gressional township and not under township organization, then say, Con¬ 
gressional township No. —, giving the number thereof according, to the 

description of the U. S. government], in the county of -,,and State of 

Illinois, [or of the political or congressional township of-, [describing 

them as above] being adjoining townships in the State of Illinois, not ex¬ 
ceeding six in number [or as the case may be], who collectively own prop¬ 
erty of not less than fifty thousand dollars in value, which we desire to 
have insured, hereby declare our intention to form an incorporated com¬ 
pany for the purpose of mutual insurance against loss or damage by fire or 
lightning, according to the statute in such case made and provided. The 
following is a copy of the charter proposed to be adopted by us for che 
purpose aforesaid: 

[Here insert copy of charter.] 

In testimony whereof we have hereunto subscribed our names, this - 

day of -, A. D. 19—. 

[Signed by all the corporators.] 

The form of charter contemplated by this Act will be drawn to suit the wishes 
of the corporators in each case. The following is given as a general form of charter, 
which may be varied to suit circumstances, and which is designed to be inserted 
in the foregoing form of declaration at the place therein indicated. 







408 


TOWNSHIP INSURANCE COMPANIES. 


[Div. VI. 


said board of directors shall be elected for three years, said 
election to be held at the annual meeting of the company, which 
shall be on the second Tuesday in January in each year: Provided, 
that any company now incorporated and doing business under 
this Act may at any time change their mode of electing their 
board of directors, at an annual meeting, so as to be in con¬ 
formity with this Act. In the election of the first board of direc¬ 
tors each corporator shall be entitled to one vote. At every 
subsequent election every person insured shall be entitled to as 
many votes as there are directors to be elected, and an equal 
additional number for each five hundred dollars ($500) that he 
may be insured in the company, and may cast the same in per¬ 
son or by proxy, distributing them among the same or less num¬ 
ber of directors to be elected, or accumulating them upon one 
candidate, as he may think fit: Provided, that any twelve members 
of any company now incorporated and doing business under this 
Act, may at any time petition the secretary of the company to 
submit the question to the members thereof for or against abol¬ 
ishing proxy voting. Upon the receipt of such petition the sec¬ 
retary of the company shall give notice in writing to every mem¬ 
ber thereof, at least ten days before the election, that at the next 
annual meeting of the company the question will be submitted to 
them to vote for or against abolishing proxy voting, which vote 
shall be by ballot. If the majority of votes cast at such an elec¬ 
tion are in favor of abolishing proxy voting, then at all subse¬ 
quent [elections] all votes shall be cast in person. [As amended 
by Act approved May 14, 1903. In force July 1, 1903. Laws 
1903, p. 222. 


Form of Charter for Township Mutual Insurance Companies. 

We, E. B., A. T. and H. P. [give the names of all the corporators ]. 

residing in the township of - [insert as in the form of declaration of 

intention to organise ], in the county of -, and State of Illinois, do pro¬ 

pose the following as the charter adopted by us, for the purpose of a mutual 
insurance company, pursuant to the statute in such cases made and provided. 

1. The name of said company shall be The - Township Mutual 

Insurance Company, and its business office shall be at -, in said town¬ 
ship of--, in the county of-, and State of Illinois. 

2. The intended duration of said company shall be-years. 

3V The object of said company shall be to engage in and carry on the 
business of a mutual insurance against loss, or damage by fire or lightning 
within the limits of the township [or townships] above named. 

4. Said company shall have and possess all the powers and authority 
prescribed by an Act of the General Assembly of the State of Illinois, in 
relation to township insurance companies. 

In witness whereof we have hereunto set our hands, this - day of 

-, A. D. 19—. 


[Signed by all the corporators .] 













Div. VI.] 


MANAGEMENT. 


409 


4. President, treasurer and secretary.] §4. The directors 
shall elect from their number a president and a treasurer, and 
shall also elect a secretary, who may or may not be a member 
of the company, all of whom shall hold their office for one year, 
and until their successors are elected and qualified. 

5. Bonds.] § 5. The treasurer and secretary shall each 
give bonds to the company for the faithful performance of their 
duties, in such amounts as shall be prescribed by the board of 
directors. 

6. Corporate powers.] § 6. Such corporation and its di¬ 
rectors shall possess the usual powers and be subject to the 
usual duties of corporations and directors thereof, and may make 
such by-laws, not inconsistent with the constitution or laws of 
this State, as may be deemed necessary for the management of 
its affairs, in accordance with the provisions of this Act; also 
to prescribe the duties of its officers and fix their compensation, 
and to alter and amend its by-laws when necessary. 

7. Members.] § 7. Any person owning property in the dis¬ 
trict for which any such company is formed, may become a mem¬ 
ber of such company by insuring therein, and shall be entitled 
to all the rights and privileges appertaining thereto; but a person 
not residing within the district for which the company is formed 
shall not become a director of such company. [As amended by 
Act approved June 18, 1883. In force July 1, 1883. Laws 1883, 
p. 104. 

8. Manner of insuring.] § 8. Such companies may issue 
policies only on detached dwellings, barns (except livery, board¬ 
ing and hotel barns), and other farm buildings, school houses and 
churches, and such property as may be properly contained 
therein, also other property on the premises and owned by the 
insured, also live stock (hay and grain in the stack), on the 
premises of the insured and anywhere in the territory of the com¬ 
pany, for any time not exceeding five years and not to extend beyond 
the limited duration of the charter, and for an amount not to 
exceed six thousand dollars on any one risk. Said policies may 
cover loss of or damage to live stock, harness, and vehicles, 
temporarily taken from the territory of the company: Provided , 
said live stock, harness and vehicles be not removed to exceed 
twenty-five miles from the territory of the company. All per¬ 
sons so insured shall give their obligations to the company bind¬ 
ing themselves, their heirs and assigns, to pay their pro rata 
share to the company of the necessary expenses, and of all losses 



410 


TOWNSHIP INSURANCE COMPANIES. 


[Div. VI. 


by fire or lightning, which may be sustained by any member 
thereof during the time for which their respective policies are 
written, and they shall also, at the time of effecting the insur¬ 
ance, pay such percentage in cash and such other charge as may 
be required by the rules and by-laws of the company. [As 
amended by Act approved May 15, 1909. In force July 1, 1909. 
Laws 1909, p. 258. 

9. Risks classified.] §9. Any such company may classify 
the property insured therein at the time of issuing policies 
thereon, under different rates, corresponding as nearly as may 
be to the greater or less risk from fire or lightning, and loss, 
which may attach to each several building insured. 

10. When company not to insure.] § 10. No such com¬ 
pany shall insure any property beyond the limits of the district 
comprised in the formation of the company, nor shall they in¬ 
sure any property within the limits of any city containing over 
12,000 inhabitants at the time of the organization of such com¬ 
pany. 

11. Adjustment of loss.] § 11. Every member of such Com¬ 
pany who may sustain loss or damage by fire or lightning shall 
immediately notify the president of such company, or in his ab¬ 
sence, the secretary thereof, stating the amount of damage or 
loss claimed, and if not more than five hundred ($500) then the 
president and secretary shall proceed to ascertain the amount of 
such damage or loss, and proceed to adjust the same. If the 
claim for damage or loss shall be an amount greater than five 
hundred dollars ($500) then the president of such company, or 
in case of his absence, then the secretary thereof, shall forth¬ 
with appoint a committee of not less than three (3) disinterested 
members of the company to ascertain the amount of such dam¬ 
age or loss, and the committee thus appointed shall report the 
amount of such damage or loss to the directors of such com¬ 
pany, who shall be convened by the president, or in his absence, 
by the secretary, and the directors shall approve or reject the 
report of such committee. If, in either case, there is a failure 
of the parties to agree upon the amount of such damage or loss, 
or the directors reject the report of the committee, the claimant 
shall appeal to the judge of the county court of the county in 
which the office of the company is located, whose duty it shall be 
to appoint three (3) persons as a committee of reference, who 
shall have full authority to examine witnesses, and to determine 
all matters in dispute, and shall make an award in writing to 
the president of such company and such award shall be final. 
The pay of said committee shall be two dollars ($2) per day 



Div. VI.] 


MANAGEMENT. 


411 


for each days’ service so rendered, and four (4) cents for each 
mile necessarily traversed in the discharge of their duties, which 
shall be paid by the claimant, unless the award of said commit¬ 
tee shall exceed the sum offered by the company in liquidation 
of such loss or damage, in which case said expenses shall be 
paid by the company. All adjusting committees shall have the 
power to administer oaths, examine witnesses and take acknowl¬ 
edgements. [As amended by Act approved May 11, 1901. In 
force July 1, 1901. Laws 1901, p. 218. 

12. When president may borrow money—Assessments.] 

§ 12. Whenever the amount of any loss shall have been ascer¬ 
tained which exceeds in amount the cash funds of the company, 
the president shall have power to borrow money not to exceed 
one-tenth of one per cent of all the property insured with which 
to pay said loss, and when the amount of said loss shall exceed 
one-tenth of one per cent of all property insured, the president 
shall convene the directors of said company, who shall make an 
assessment upon all the property to the amount for which each 
several piece of property is insured, taken in connection with the 
rate of premium under which it may be classified: Provided, 
That if there be no quorum present, the secretary shall enter 
the fact upon his journal and the names of the directors present, 
whereupon the president, secretary and treasurer shall proceed 
to estimate the rate per cent necessary to cover the loss and ex¬ 
pense thereby incurred, and assess the same upon all the insured 
members of the said company, which assessment shall be valid 
and shall be collected in the same way as though it had been 
made by the board of directors, and at the time when any as¬ 
sessment is made, the assessment shall be made large enough to pay 
all losses and all money borrowed. [As amended by Act approved 
May 11, 1901. In force July 1, 1901. Laws 1901, p. 219. 

13. Notice of assessment.] § 13. It shall be the duty of 
the president, whenever such assessment shall have been made, 
to immediately notify every person composing such company, 
personally, by an agent or by letter sent to his usual post office 
address, of the amount of such loss, and the sum due from him 
as his share thereof, and of the time when and to whom such 
payment is to be made; but such time shall not be less than thirty 
nor more than ninety days from the date of such notice. 

14. Suits.] § 14. Suits at law may be brought against any 
member of such company who shall neglect or refuse to pay any 
assessment made upon him by the provisions of this Act; and the 
directors of any company so formed, who shall willfully refuse 



412 


TOWNSHIP INSURANCE COMPANIES. 


[Div. VI. 


or neglect to perform the duties imposed upon them by the pro¬ 
visions of this Act, shall be liable, in their individual capacity, 
to the person sustaining such loss. Suits at law may also be 
brought and maintained against any such company, by members 
thereof, for losses sustained, if payment is withheld after such 
losses have become due. 

15. Annual statement.] § 15. It shall be the duty of the 
secretary to prepare an annual statement, showing the condition 
of such company on the thirty-first day of December, and pre¬ 
sent the same at the annual meeting. 

16. Withdrawal from company.] § 16. Any member of 
such company may withdraw therefrom by surrendering his 
policy for cancellation, at any time while the company con¬ 
tinues the business for which it was organized, by giving notice 
in writing to the Secretary thereof, and paying his share of all 
claims then existing against said company: Provided, that by 
the withdrawal Of any such member, the number of the mem¬ 
bers remaining in the company shall not be reduced below the 
original number of corporators, or at that the assets will not be 
reduced below the amount at the time of the organization: Pro¬ 
vided, further, that the company shall have power to cancel or 
terminate any policy by giving the insured notice to that effect. 

17. Report to auditor—Certificate—Fees.] § 17. It shall 
be the duty of the president and secretary of every such company 
on the first day of January of each year, or within one month 
thereafter, to prepare, under their own oath, and transmit to the 
auditor of public accounts, a statement of the condition of the 
company on the thirty-first day of December then next preced¬ 
ing, in such form as the auditor may direct. If, upon examina¬ 
tion, he is of the opinion that such company is doing business 
correctly, in accordance with the provisions of this Act, he shall 
thereupon furnish the company his certificate, which shall be 
deemed authority to continue business the ensuing year, subject, 
however, to subsequent provisions of this Act. For such examin¬ 
ation and certificate the company shall pay $1. Each company 
shall pay, at the time of organization, $10 for the auditor’s serv¬ 
ices, all of which shall be paid into the State treasury and ap¬ 
plied to the insurance fund. 1 

18. Dissolution—Amended charter.] § 18. Whenever any 
township insurance company, incorporated under the laws of this 
State shall at any time within five years previous to the termina- 

(1) The auditor could in a proper case terminate the power of the company 
under the above section, to continue business, by simply refusing to grant the 
certificate of renewal. Opinion of Att’y Gen’l Edsall. 





Div. VI.] 


MANAGEMENT. 


413 


tion of its charter, decide, by a majority of two-thirds of its 
directors to extend the period of its corporate existence, or to 
otherwise amend its charter, the president and secretary of 
such company shall cause to be filed with the Auditor of Public 
Accounts a statement under the seal of said company, and by 
them duly attested, stating the fact of the decision of such com¬ 
pany to so extend the period of its corporate existence, or to 
amend its charter; or both, stating particularly the time of such 
extension and the nature of such amendments, and if it is found 
conformable to the provisions of this Act, and not inconsistent 
with the laws and Constitution of this State, the Auditor shall 
issue an amended charter, in accordance with the vote of the 
directors of such company, and deliver a certified copy thereof 
to the said company, and upon the same being filed in the office 
of the clerk of the county in which the principal office of such 
company is located by such company, the period of its corporate 
existence shall be so extended, and it shall be authorized to trans¬ 
act any and all business contemplated by such amendments: 
Provided, however, that such company and its charter, when so 
amended shall at all times be subject to control and modification 
by the General Assembly, and to all laws of this State applicable 
thereto; and all companies organized under this Act may be 
proceeded against and dissolved in the same manner and upon 
the same conditions as provided in case of other insurance com¬ 
panies incorporated under the laws of this State. [As amended 
by Act approved June 4, 1889. In force July 1, 1889. Laws 
1889, p. 188. 

19. Companies formed under Act of 1872.] § 16. Any 

township insurance company formed under an Act entitled, “An 
Act to incorporate and govern mutual fire insurance companies 
in townships/’ approved April 3, 1872, may, with the written con¬ 
sent of two-thirds of the members, accept the provision of this 
Act, and thereupon shall be governed by its provision. Before 
any such company shall be entitled to the benefits thereof, the 
directors, or a majority of them, shall file with the Auditor of 
Public Accounts the declaration provided for in Section 2 of this 
Act. 


A mutual fire insurance company organized under a statute which empowers it 
to raise money by assessment for the payment of losses only has no power to make 
an assessment to create a surplus fund for the payment of future losses. Farmers’ 
Mut. Ins. Co. of Palmyra v. Knight, 162 Ill., 470. 

An assessment made by the managers of an incorporated mutual fire insurance 
company largely in excess of an amount required to pay a loss, for which they are 
authorized by law to make an assessment, is void and may be disregarded by the 
members. Id. 

Violation of the statute by the managers of a mutual fire insurance company, in 
making an assessment to provide for future losses, and payment of such assessment 
by a policyholder, will not estop the latter from questioning the validity of another 
such assessment. Id. 




414 


TOWNSHIP INSURANCE COMPANIES. 


[Div. VI. 


ADMISSION OF TERRITORY. 

AN ACT to give Contiguous Territory the right to become incorporated 

with Township Insurance Companies. [Approved May 31, 1881. In 

force July 1, 1881. Laws 1881, p. 101.] 

20. Organization. 

21. Contiguous territory. 

22. Receiving other township. 

23. Township received. 

20. Organization.] § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That 
Section 1 of an Act entitled, “An Act to give contiguous territory 
the right to become incorporated with township insurance com¬ 
panies,” approved May 31, 1881, in force July 1, 1881, be and 
the same is hereby amended to read as follows: That it shall 
be lawful for any township insurance company, already organ¬ 
ized, or hereafter to be organized, having less that 25 political 
townships in its organization, to accept or receive into its said 
organization one or more adjoining congressional or political 
townships: Provided, however, such organization shall not in 
any event, embrace more than 25 such townships. [As amended 
by Act approved May 16, 1905. In force July 1, 1905. Laws 
1905, p. 304. 

21. Contiguous territory.] §2. Any number of persons, 
not less than ten, who, collectively, shall own property of not 
less than $15,000 in value, which they desire to have insured, re¬ 
siding in any congressional or political township, which shall not 
already be in some township insurance company, may petition 
any township insurance company, already organized (to which 
said township may be contiguous) praying to have said town¬ 
ship added to and embraced in said township insurance com¬ 
pany. Said petition shall be accompanied by the written con¬ 
sent of a full majority of the then policy holders in said company, 
owning not less then two-thirds of the insurance represented by 
the policies of said company, consenting to the prayer of said 
petition. Upon the receipt of such petition, accompanied by such 
consent, the board of directors of said company may, by vote, 
accept and receive into said organization such township so 
petitioning. If such township so petitioning shall be so received 
and accepted by such township insurance organization, the sec¬ 
retary of such township insurance company shall at once so no¬ 
tify the Auditor of Public Accounts, stating the name of the 
township so added and the date the acceptance was so made. 




Div. VI.] CONSOLIDATION OF INSURANCE COMPANIES. 


415 


22. Receiving other township.] § 3 . The accepting or re¬ 
ceiving of any such township, as aforesaid, shall in no way impair 
the obligations of said township insurance company, or that of the 
policy holders or members thereof. 

23. Township received.] § 4. From and after the date of 
such acceptance by such township insurance company, said town¬ 
ship so received shall, to all intents and purposes be a part and parcel 
of such township insurance company, the same as though embraced 
therein in its original organization. 

CONSOLIDATION OF TOWNSHIP INSURANCE COMPANIES. 

AN ACT to authorize the consolidation of township insurance companies. 

[Approved June 21, 1895. In force July 1, 1895. Laws 1895, p. 177.] 

24. Consolidation. 

25. How consolidation may be made. 

26. How consolidation effected. 

24. Consolidation.] § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That section 
1 of an Act entitled “An Act to authorize the consolidation of town¬ 
ship insurance companies,” approved June 21, 1895, and in force 
July 1, 1895, be and the same is hereby amended to read as follows: 
That it shall be lawful for any number of township mutual fire in¬ 
surance companies, already organized or hereafter to be organized, 
not exceeding twenty-five political townships of contiguous territory, 
to consolidate the same into one company. [As amended by Act 
approved May 16, 1905. In force July 1, 1905. Laws 1905, p. 305. 

25. How consolidation may be made.] § 2. Such consolida¬ 
tion may be made by petition of the policy holders of the several 
companies representing a majority of the amount of insurance car¬ 
ried by each company to the board of directors of the several com¬ 
panies respectively. 

26. How consolidation effected.] § 3. Upon receipt of such 
petition, the board of directors of the several companies shall meet, 
and by a majority vote of the board of directors of each of the sev¬ 
eral companies, consolidate the several companies into one, assuming 
the name of either of the companies so consolidated, which company 
so named, under its existing charter, shall assume all the outstand¬ 
ing unexpired policies of the several companies, agreeable to the 
laws and regulations in force for the organization of township in¬ 
surance companies, and subject to the constitution and by-laws of 
such company made in pursuance thereof. 





416 


ANIMALS. 


[Div. VII. 


DIVISION VII. 


ANIMALS. 

DOG AND SHEEP ACT. 

AN ACT to indemnify the owners of sheep in cases of damages committed 

by dogs. [Approved May 29, 1879. In force July 1, 1879. Laws 

1879, p. .54.] 

1. Assessor to make list. 

2. License fee. 

3. License fund—how paid out. 

4. Payment not to bar action, when. 

5. Proof of damages—Proceedings before supervisor—Record to be 

left—When owner solvent. 

6. Witness fees—Repeal. 

7. Meaning of the word “dog.” 

1. Assessor to make list.] § 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly: 
That each county and township assessor in this State, when mak¬ 
ing the assessment, shall annually make a list of the names of 
all persons who own or keep a dog or dogs, and set opposite the 
name of such owner or keeper the number of dogs he or she has 
in his or her possession, or that is or are kept on his or her 
premises; which list shall be returned by such assessor to the 
county clerk of the county in which said list is taken as soon as 
the assessment is completed. 

2. License fee.] § 2. The county clerk shall charge upon 
the collector’s book against the name of each person reported and 
returned as the owner or keeper of a dog or dogs, as a license fee, 
the sum of one dollar for each dog owned or kept by such per¬ 
son, which fee shall be collected at the same time, and in the 
same manner as taxes upon personal property. In counties not 
under township organization, the collector shall pay the amount 
received from the licenses aforesaid to the treasurer of his county, 
and in counties under township organization the sum so col¬ 
lected in each town, shall be paid by the collector to the super¬ 
visor of his town. Provided, such supervisor shall not be required 
to give any new bond for such license fee, but such supervisor and 
his sureties shall be liable on his original bond as supervisor in the 
same manner and to the same extent as they now are for other 
moneys received by such supervisor by virtue of his office. [As 



Div. VII.] 


DOGS—DAMAGES TO SHEEP. 


41? 


amended by Act approved June 16, 1891. In force July 1, 1891. 
Laws 1891, p. 4. 

3. License fund—How paid out.] § 3. It shall be the duty 
of the county treasurers and supervisors, having the custody of 
the funds collected as license fees as aforesaid, to pay the same 
out in the manner following: 

First —By such county treasurer to the owners of sheep in 
their respective counties, and by the supervisors to the owners 
of sheep in their respective towns, who shall make proof to them 
before the first Monday of March in each year, of loss or injury 
to sheep by dogs, other than their own, the full amount of the loss 
or injury so proved, if there are funds sufficient to pay the same; 
if there be not sufficient funds to pay such loss or injury in full, 
then the owners of sheep so sustaining injury as aforesaid, and 
making proof thereof as in this Act provided, shall be paid out 
of such fund in proportion to his loss or injury, on his or her 
pro rata share thereof. 

Second —Three years after the collection of such license 
fund, if there shall remain in the hands of the town supervisor 
in counties under township organization, an unexpended bal¬ 
ance, such balance shall annually be turned into the general 
fund of the county, or township, as the case may be, and shall 
be used for the same purposes as money raised by general taxa¬ 
tion. 

Provided, that in townships in which there are no sheep, as 
shown by the assessor’s return for that year, the license fund col¬ 
lected for the preceding year shall be turned into the general fund 
of the township on the first day of April. [As amended by Act 
approved April 21, 1899. In force July 1, 1899. Laws 1899, p. 2. 

4. Payment not to bar action, when.] §4. The payment to 
any owner of sheep of money for damages resulting from loss or 
injury to his or her sheep, shall not be a bar to an action by 
such owner against the owner or keeper of the dog or dogs com¬ 
mitting such injury or causing such loss, for the recovery of 
damages therefor. The court or jury before whom such action 
is tried shall ascertain from evidence what portion, if any, of the 
damages sought to be recovered in such action has been paid 
to the plaintiff in such action by the county treasurer or super¬ 
visor of the proper county or town; and in case the plaintiff in 
such action recovers damages, the court shall enter judgment 
against the defendant, in the name of the plaintiff, for the use 
of the proper county or town as the case may be, for the amount 
which the plaintiff has received on account of such damages from 



418 


ANIMALS. 


[Div. VII. 


the county treasurer or supervisor of the proper county or town, 
if such recovery shall equal or exceed the amount .so received 
by such plaintiff from the county treasurer, or town supervisor 
of his county or town; and the residue of such recovery, if any 
there be, shall be entered in the name of the plaintiff in such ac¬ 
tion to his own use; if the amount of the recovery in such action 
shall not equal the amount previously paid to the plaintiff on 
account of such damages by the county treasurer or the town 
supervisor of the proper county or town, then the judgment shall 
be entered as aforesaid, for the use of such county or town, for 
the full amount of such recovery. Writs of execution issued 
upon such judgments shall show on their face what portion of 
the judgment is to be paid to the proper county or town, and 
what portion is to be paid to the plaintiff in such action, and 
the judgment when collected shall be paid over to the parties en¬ 
titled thereto, in their proper proportions. 

5. Proof of damages—Proceedings before supervisor—Rec¬ 
ord to be kept—When owner solvent.] § 5. No person having 
sheep killed as aforesaid shall be entitled to receive any portion 
of the fund herein provided for unless he appear before the 
supervisor of the town in which the sheep are killed or injured 
or before a magistrate in counties not under township organiza¬ 
tion, within not less than ten nor more than forty days after the 
sheep were killed or injured, and make affidavit stating the num¬ 
ber of sheep killed or injured, the amount of damages and owner 
or owners of dog or dogs if known. 

All damages shall be proven by not less than two (2) wit¬ 
nesses, who shall be freeholders of the county, and such super¬ 
visors or magistrates are hereby authorized to administer oaths 
in such cases, and shall keep a record in each case of the names 
of owners and the amount of damage proven and the number of 
sheep killed or injured. And in case the owner of the dog or 
dogs is solvent, the county or town, as the case may be, shall not 
pay such damages out of such fund. 

Provided, the damages allowed in no event shall exceed five 
dollars per head for such sheep killed or injured. 1 [As amended 
by Act approved April 21, 1899. In force July 1, 1899. Laws 
1899, p. 2. 


(1) Form of Affidavit by Owner of Sheep. 

State of Illinois, \ 

-• County, 5 

A. B. being duly sworn on oath, deposes and says, that on the - day 

of -, A. D. 19—. (ten) sheep owned by him, in the town of -, 

were killed [or injured] by a dog, other than his own, but owned [or kept] 
by C. D.; that said C. D. is insolvent; that affiant has received no compensa- 







Div. vii.]: 


MEANING OF “DOG”—WITNESS FEES. 


419 


6. Witness fees—Repeal.] §6. The supervisor, or County 
Treasurer, as the case may be, shall allow not to exceed fifty 
cents to each witness, which shall be paid out of the fund created 
by this Act prior to its disposition by the third section of this 
Act. All Acts or parts of Acts inconsistent with these amend¬ 
ments are hereby repealed. 2 [As amended by Act approved May 
29, 1897. In force July 1, 1897. Laws 1897, p. 9. 

7. Meaning of “Dog.”] § 9. The word “dog,” as used in 

this Act shall be held and construed to mean all animals of the 
canine species, both male and female. 


tion from the owner of said dog, or from any other person for his damages 
sustained aforesaid. A. B. 

Subscribed and sworn to before me this 

-day of-, A. D. 19—. 

P. K., N. Pub. 

If the owner of the dog or dogs is unknown, the affidavit may be in the following 
form: 

A. B. being duly sworn on oath, deposes and says, that on the —- day 

of-. A. D. 19—, [ number ] sheep owned by him were killed [or injured] 

by a dog, other than his own, the owner [or keeper] of which is unknown 
to him [or her]. 


(2) Form of Record to be Kept by Supervisor. 


State of Illinois, 

- County, 

Township of 


Before 


No. -- 

, Supervisor. 


In the matter of the claim of 
ing of sheep by 


— for damages for the killing or injur- 
owned, by a dog or dogs belonging to -, being 


insolvent, or to some person or persons unknown. 

Affidavit of claimant-owner filed the-day of 

Number of sheep killed - 

Number of sheep injured 


Amount of damages proved. 
Amount of witness fees.- 


A. D. 19—. 


Supervisor. 


Received damages, $-- Owner. 

Received witness fee, $-- Witness. 

Received witness fee, $- - Witness. 





















420 


ANIMALS. 


[Div. VII. 


IN RELATION TO DOMESTIC ANIMALS. 

AN ACT in relation to domestic animals running at large within the State 

of Illinois. [Approved June 21, 1895. In force July 1, 1895. Laws 

1895, p. 4.] 

8. Unlawful to run at large. 

9. What deemed a running at large. 

10. Pound—poundmaster—fees—duties. 

11. Poundmaster to enforce act—penalty. 

12. What counties or townships not affected by this Act. 

13. Repeal. 

8. Unlawful to run at large.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That hereafter it shall be unlawful for any animal of 
the species of horse, ass, mule, cattle, sheep, goat, swine or geese 
to run at large in the State of Illinois. 

9. What deemed a running at large.] § 2. Whoever being 
the owner or having control of any domestic animal of the species 
mentioned in section 1 of this Act shall suffer the same to run at 
large shall be fined not less than two dollars nor more than ten dol¬ 
lars for each offense, and for every day he shall permit the same 
to run at large after having once been convicted under this Act. 
The herding of any such animals upon uninclosed lands without 
the consent of the owner or person having control of such 
lands shall be deemed running at large under this Act. 

10. Pound—Poundmaster—Fees—Duties.] § 3. It shall be 
the duty of .the commissioners of highways in townships in 
counties under township organization, and the commissioners 
of highways of road districts in counties not under township 
organization, as soon as this Act takes effect, to select and pre¬ 
pare a suitable pound near the center of each township or voting 
district in counties under township organization, and near the 
center of each road district in counties not under township or¬ 
ganization; appoint a poundmaster and fix his fees and charges, 
which shall remain as fixed until the next annual election, at 
which time the same may be changed or amended by a majority 
vote of the electors present, who shall at the same time elect 
a poundmaster for the ensuing year. Said poundmaster shall 
hold his office for one year and until his successor is duly elected : 
Provided, however, that in case the person so elected shall fail 
to act, or a vacancy occurs through resignation, removal, death, 
or any other cause whatever, the commissioners of highways 
shall fill such vacancy by appointing a person to act as pound- 




Div. vii.]: 


DOMESTIC ANIMALS. 


421 


master until the next annual election. [As amended by Act ap¬ 
proved May 16, 1905. In force July 1, 1905. Laws p. 5. 

11. Poundmaster to enforce Act—Penalty.] §4. It shall 
be the duty of the poundmaster to enforce the provisions of this 
Act in his district; and for any failure so to do, he shall be liable 
to a fine of not less than three dollars nor more than twenty 
dollars. 


12. What counties or townships not affected by this Act.] 

§ 5. Nothing in this Act shall be construed to affect counties or 
townships which already have in force a law restraining the ani¬ 
mals mentionel in this Act from running at large. 

13. Repeal.] § 6. An Act entitled, “An Act to revise the 
law in relation to permitting animals to run at large,” approved 
March 30, 1874, in force July 1, 1874, and an Act entitled, “An 
Act to prevent male animals running at large and for their re¬ 
straint,” approved March 8, 1872, in force July 1, 1872, and an 
Act entitled, “An Act to prevent animals running at large within 
the corporate limits of incorporated cities, villages and towns,” 
approved June 16, 1891, in force July 1, 1891, are hereby re¬ 
pealed. 

ESTRAYS. 

AN ACT to revise the law in regard to estrays and other lost property. 

[Approved March 23, 1874. In force July 1, 1874. Revised Stat. 

chap. 50.] 

14. When estrays may be taken up. 

15. Who may not take up estrays. 

16. Not to use before advertising—milk. 

17. Several estrays. 

18. Notice of taking up. 

19. Recording notice with town clerk. 

14. When estrays may be taken up.] § 1. Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly: That horses, mules, asses, neat cattle, swine, sheep 
or goats found straying at any time during the year in counties 
where such animals are not allowed to run at large, or between 
the last day of October and the fifteenth day of April in other 
counties, the owner thereof being unknown, may be taken up 
as estrays. 1 


(1) Section 1 of this Act has been modified by effect of the Act of 1895 (see 
above), which prohibits domestic animals from running at large anywhere in Illinois 
at any time. 




422 


ANIMALS. 


[Div. VII. 


15. Who may not take up estrays.] § 2. No person who is 
not a householder in the county where the estray is found, shall 
take up such estray, and no person shall be allowed to take up 
any estray except upon or about his farm or place of residence. 
[Laws 1847, p. 47, § 2. 

16. Not to use before advertising— Milk.] § 3. No person 

taking up an estray shall use the same previous to advertising it; 
but animals giving milk may be milked for their benefit. [Re¬ 
vised Stat. 1845, p. 228, § 9. 

17. Several estrays.] § 4. When several estrays are taken 
up by the same person, they shall be included in the same notices 
and proceedings. [Revised Stat. 1845, p. 228. 

18. Notice of taking up.] § 5. Whoever takes up or has 
at any time upon his inclosed lands an estray, shall, within five 
days thereafter, post up notices 2 in three of the most public places 
in the town or precinct in which the estray was taken up or 
found, giving the residence of the taker-up and a particular de¬ 
scription of such estray, its age, color and marks, natural and 
artificial, as near as may be, and stating before what justice of 
the peace in such town or precinct, and at what time, not less 
than ten nor more than fifteen days from the time of posting 
such notice, he will apply to have the estray appraised. [Revised 
Stat. 1845, p. 227, § 1. 

19. Recording notice with town clerk.] § 6. In counties 
under township organization, the taker-up shall also, within the 
same time deliver a copy of such notice to the town clerk of 
his town, who shall enter the same at large in a book to be kept 
for that purpose, to be known as the “Town Estray Book,” noting 
in said book the time when the notice is delivered to him. [Laws 
1855, p. 175, § 1, 2. 


(2) Form of Notice of Taking up Estray by Householder. 

ESTRAY NOTICE. 

Notice is hereby given that the subscriber, a householder in the county 

of -, State of Illinois, who resides at [give locality of residence with 

reasonable certainty], in the township of —-—, in said county, did on the 
-day of-, A. D. 19 —, take up, on his farm [or at his place of resi¬ 
dence^, in said township, one estray cow [or as the case may be], of the 
following description: [give particular description — age, color and marks, 
natural and artificial, as near as may be], and that the subscriber will on 

the - day of -, A. D. 19—, at the hour of — o’clock, —. M., apply 

to L. M., Esq., justice of the peace in said township of-, at his office 

therein, to have the said estray appraised. 

Dated this - day of -, A. D. 19—. A. B. 

The foregoing notice was delivered to me, C. D., town clerk of the 

town of -, the - day of -, A. D. 19— 

[Signed by the town clerk.] 













Div. VII. J 


DISEASES AMONG SWINE. 


423 


DISEASES AMONG SWINE. 

AN ACT to prevent the spread of contagious and infectious diseases ^mong 

swine. [Approved June 21, 1895. In force July 1, 1895. Laws 1895, 

p. 6.) 

20. Suffering swine to run at large—penalty. 

21. Hog cholera—duty of owner. 

22. Conveying diseased swine unlawful. 

23. Penalty. 

20. Suffering swine to run at large—Penalty.] § 1. Be it 

enacted by the People of the State of Illinois, represented in the 
General Assembly: That whoever, being the owner of, or hav¬ 
ing charge of any swine, shall suffer the same to run at large 
shall be fined not less than three dollars ($3) nor more than ten 
dollars ($10) for each offense, and for every day he shall allow 
the same to run at large after having been once convicted under 
this Act. The herding of any swine upon the grounds of another 
without the consent of the owner or person having control of 
such grounds shall be deemed a running at large under this Act. 
The law providing for holding elections to vote upon the question of 
allowing domestic animals to run at large, shall not be construed to 
apply to swine. 

21. Hog cholera—Duty of owner.] §2. It shall be the 
duty of the owner or person having charge of any swine and 
having knowledge of, or reasonable grounds to suspect the exist¬ 
ence among them of the disease known as “hog cholera,” or of 
any contagious or infectious disease, to use all reasonable means 
to prevent the spread of the same, and upon its coming to his 
knowledge that any of such swine has died of, or been slaught¬ 
ered on account of any such disease to immediately burn or bury 
the same to a depth of two (2) feet. 

22. Conveying diseased swine unlawful.] § 3. No person 
shall convey upon, or along any public highway or other public 
grounds, or any private lands, any diseased swine, or swine 
known to have died of, or been slaughtered on account of any 
contagious or infectious disease. 

23. Penalty.] § 4. Any person convicted of a violation of 
sections two (2) or three (3) of this Act shall be fined in any sum 
not less than five (5) nor more than fifty (50) dollars, and shall 
be held liable in damages to the person or persons who may have 
suffered loss on account of such violation. 



424 


ANIMALS. 


[Div. VII. 


DOGS. 

AN ACT providing for the payment of damages done by dogs. [Approved 

February 11, 1853. In force February 11, 1853. Laws 1853, p. 124.] 

24. Chasing sheep—Owner liable. 

25. —When a dog may be killed. 

24. Chasing sheep—Owner liable.] § 1. The owner of any 
dog or dogs shall be liable in an action on the case for all dam¬ 
ages that may accrue to any person or persons in this State, by 
reason of such dog or dogs killing, wounding, or chasing any sheep 
or other domestic animal, belonging to such other person or per¬ 
sons ; and when the amount of such damages does not exceed 
$100, the same may be recovered by an action before a justice 
of the peace. 

25. When a dog may be killed.] §2. If any person shall 
discover any dog or dogs in the Act of killing, wounding, or chas¬ 
ing sheep in any portion of this State, or shall discover any dog 
or dogs under such circumstances as to satisfactorily show that 
such dog or dogs has been recently engaged in killing or chas¬ 
ing sheep, for the purpose of killing them, such person is au¬ 
thorized to immediately pursue and kill such dog or dogs. 


ANIMALS AND BIRDS FERAZ NATURA. 


AN ACT declaring certain animals and birds fere? nature? to be personal 
property. [Approved April 10, 1877. In force July 1, 1877. Laws 
1877, p. 6.] 

26. When made personal property. 

26. When made personal property.] § 1. Be it enacted by 
the People of the State of Illinois, represented in the General 
Assembly: That all birds and animals feres natures or naturally 
wild, when raised or in domestication, or kept in enclosures and 
reduced to possession, are hereby declared to be objects of 
ownership and absolute title, the same as cattle and other prop¬ 
erty, and shall receive the same protection of law, and in the 
same way and to the same extent shall be the subject of trespass 
or larceny, as other personal property, 



Div. VII.] BOUNTY FOR KILLING CROWS, ETC 


425 


BOUNTY FOR KILLING CROWS, ETC. 

AN ACT to provide for the payment of bounties for killing Crows. [In 
force July 1, 1907. Laws 1907, p. 8.] 

27. Bounty on crows and crow’s eggs—County board may allow bounty. 

28. Proof of killing—Certificate of clerk. 

29. Payment of bounties. 

27. Bounty on crows and crows’ eggs—County board may 
allow bounty.] § 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That the county 
board of any county in this State may hereafter allow such 
bounty on crows and eggs taken from the nest of any crow as 
said board may deem reasonable: Provided, such board shall 
enter an order upon its record, setting forth the amount of such 
allowance for any one year, which bounty shall be paid in the 
manner hereinafter provided. [As amended by Act approved 
June 9, 1909. In force July 1, 1909. Laws 1909, p. 8. 

28. —Proof of killing—Certificate of clerk.] §2. Every per¬ 
son applying for such bounty shall take such crow, or the heads 
of such crows, or eggs, in lots of not less than ten, to the county 
clerk in counties not under township organization, or in counties 
under township organization, to the clerk of the township, village 
or city within which such crows shall have been killed or eggs 
taken, and make proof of the killing of said crows or the taking 
of said eggs to said clerk, by the affidavit of the person killing or 
taking the same, under oath or affirmation administered by said 
clerk and signed by the affiant, and stating in said affidavit that 
said crows were killed or eggs taken within the limits of the 
county, in counties not under township organization, or in coun¬ 
ties under township organization, within the limits of the town¬ 
ship, village or city in which said bounty is applied for. Where¬ 
upon the said clerk, if satisfied of the correctness of such claim, 
shall issue a certificate to the person claiming such bounty, 


Form of Affidavit of Applicant Taking Eggs of Crows. 

State of Illinois, ] 

- County, [ ss. 

Township of- J 

I,-, a resident of-township of said county and State, hereby 

present - crow’s eggs and apply for bounty, authorized by an Act for 

the payment of bounties for taking eggs from the nests of crows, approved 
and in force July 1, 1907. And T hereby make oath and say that all of said 
eggs were taken from the nests of crows within the limits of the town¬ 
ship of -. 

Subscribed and sworn to before me this-day of —-. A. D. 19—. 

Township Clerk. 










426 


ANIMALS. 


[Div. VII. 


stating the amount of bounty to which such applicant is entitled, 
and deliver the same to said applicant, and said clerk shall de¬ 
stroy the heads of such crows or the eggs so delivered. 

29. Payment of bounties.] §3. Such certificate may be 
presented by the claimants or their agent to the county clerk of 
the county in which such crows were killed or eggs taken, who 
shall thereupon draw a warrant for the amount of the said 
bounty on the treasurer of said county, and said treasurer shall, 
upon presentation of said warrant, pay the same from the gen¬ 
eral or contingent fund of said county. 


Certificate to County Clerk for Bounty for Taking Crow’s Eggs from Nests. 

State of Illinois, 1 No. - 

- County, }■ ss. 

Township of- J 

To the County Clerk of said county: 

This is to Certify, That -, an inhabitant of - township, of 

said county and State, has this day delivered to my office in said -- 

township, - eggs of crows, claiming that said eggs were taken from the 

nests of crows within the limits of the township, and being satisfied of the 
correctness of such claim, I have caused the eggs of such crows to be 

destroyed and issued this certificate which entitles said - to the sum 

of-, being the amount of the bounty granted by the Act approved and 

in force July 1, 1907. 

In witness whereof, I have hereunto set my hand this - day of 

-, A. D. 19’—. 

Township Clerk. 

Form of Affidavit of Applicant for Bounty for Killing Crows. 

State of Illinois, 

- County, ss. 

Township of- J 

I,-, a resident of-township of said county and State, hereby 

present - heads of crows and apply for the bounty authorized by an 

Act for the payment of bounties for killing crows, approved and in force 
July 1, 1907. And I hereby make oath and say that all of said crows were 

killed within the limits of the township of -. 

Subscribed and sworn to before me this - day of-, A. D. 19—. 

Township Clerk. 

Certificate to County Clerk for Bounty for Killing Crows. 

State of Illinois, ] No. - 

- County, ss. 

Township of - J 

To the County Clerk of said county: 

This is to Certify, That --, an inhabitant of - township, of 

said county and State, has this day delivered to my office in said -— 

township, - heads of crows, claiming that said crows were killed within 

the limits of the township, and being satisfied of the correctness of such 
claims, I have caused the heads of such crows to be destroyed, and issued 























Div. VII.] BOUNTY FOR KILLING GROUND HOGS. 


427 


BOUNTY FOR KILLING GROUND HOGS. 

AN ACT to provide for the payment of bounties for killing ground hogs. 

[Approved June 4, 1907. In force July 1, 1907. Laws 1907, p. 9.] 

30. Bounty on ground hogs—County board may allow bounty. 

31. Proof of killing—Certificate of clerk. 

32. Payment of bounties. 

30. Bounty on Ground Hogs—County board may allow 
bounty.] § 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly: That the county board 
of any county in this State may hereafter allow such bounty on 
ground hogs as said board may deem reasonable: Provided, 
such board shall enter an order setting forth the amount of such 
allowance for any year, which bounty shall be paid in the man¬ 
ner hereinafter provided. [As amended by Act approved June 9, 
1909. In force July 1, 1909. Laws 1909, p. 9. 

31. Proof of killing—Certificate of clerk.] § 2. Every per¬ 
son applying for such bounty shall take such ground hog or the 
head or scalp of such ground hogs in lots of not less than four 
to the county clerk in counties not under township organization, 
or in counties under township organization to the township 
clerk of the township within which such ground hogs shall 
have been killed and make proof of the killing of said ground 
hogs to said clerk by the affidavit of the person killing the same 
under oath or affirmation administered by said clerk and signed 

this certificate, which entitled said - to the amount of the bounty 

granted by the act approved and in force July 1, 1907. 

In witness whereof, I have hereunto set my hand this - day of 

-r-, A. D. 19—. 

Township Clerk. 

Certificate to the County Clerk for Bounty for Killing Ground Hogs. 

State of Illinois, 1 No.- 

- County, }> ss. 

Township of- J 

To the County Clerk of said county: 

This is to Certify, That -, an inhabitant of - township, of 

said county and State, has this day delivered in my office in said- 

township, the heads or scalps of-ground hogs, claiming that said ground 

hogs were killed within the limits of the township, and being satisfied of 
the correctness of such claim, I have caused said heads or scalps to be 

destroyed and issued this certificate which entitles said - to the sum 

of -, being the amount of the bounty granted by the Act approved and 

in force July 1, 1907. 

In witness whereof, I have hereunto set my hand this -- day of 

Township Clerk. 















428 


ANIMALS. 


[Div. VII. 


by the affiant and stating in said affidavit that said ground hogs 
were killed within the limits of the county in counties not under 
township organization or in counties under township organiza¬ 
tion within the limits of the township in which said bounty is 
applied for. Whereupon the said clerk if satisfied of the cor¬ 
rectness of such claim shall issue a certificate to the person claim¬ 
ing such bounty stating the amount of bounty to which such 
applicant is entitled, and deliver the same to said applicant, and 
said clerk shall destroy the heads or scalp of such ground hogs. 

32. Payment of bounties.] §3. Such certificate may be 
presented by the claimant or their agent to the county clerk of 
the county in which such ground hogs were killed, who shall 
thereupon draw a warrant for the amount of said bounty on the 
treasurer of said county and said treasurer shall upon presenta¬ 
tion of said warrant pay the same from the general or contingent 
fund of said county. 


Form of Ground Hog Bounty Affidavit. 

State of Illinois, "| 

- County, }► ss. 

Township of—- J 

I, -, an inhabitant of - township in said county and State, 

hereby present the heads or scalps of - ground hogs, and apply for the 

bounty authorized by an Act to provide for payment of bounties for killing 
ground hogs, approved and in force July 1, 1907. And I hereby make oath 
and say that all of said ground hogs were killed within the limits of the 
township of -. 

Subscribed and sworn to before me this - day of-, A. D. 19—. 

Township Clerk. 










Div. VIII.j 


REVENUE. 


420 


DIVISION VIII. 


REVENUE. 

AN ACT for the assessment of property and for the levy and collection 
of taxes. [Approved March 30, 1872. In force July 1 , 1872. Revised 
Stat.. chap. 120.] 

PROPERTY LIABLE TO TAXATION. 

1. Taxable property. 

1. Taxable property.] §1. That the property named in 
this section shall be assessed and taxed, except so much thereof 
as may be, in this Act, exempted P 

First —All real and personal property in this State. 

Second —All moneys, credits, bonds or stocks and other in¬ 
vestments, the shares of stock of incorporated companies and 
associations, and all other personal property, including property 
in transitu to or from this State, used, held, owned or controlled 
by persons residing in this State. 


(1) The Constitution of Illinois declares, Art. IX, § 1. The General Assembly 
shall provide such revenue as may be needful, by levying a tax, by valuation, so that 
every person and corporation shall pay a tax in proportion to the value of his, her 
or its property—such value to be ascertained by some person or persons, to be 
elected or appointed in such manner as the General Assembly shall direct, and not 
otherwise; but the General Assembly shall have power to tax peddlers, auctioneers, 
brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers’ 
grocery-keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express 
interests or business, venders of patents, and persons or corporations owning or using 
franchises and privileges, in such manner as it shall, from time to time, direct by 
general law, uniform as to the class upon which it operates. 

Sec. 2. The specification of the objects and subjects of taxation shall not deprive 
the General Assembly of the power to require other subjects or objects to be taxed, 
in such manner as may be consistent with the principles of taxation fixed in this 
Constitution. 

The rule of uniformity and equality of taxation prescribed by the Constitution 
must be applied not only to the rule of taxation, and to the district taxed, but also 
to all the property subject to taxation. Primm v. City of Belleville, 59 Ill. R., 142; 
Lee v. Ruggles, 62 Ill. R., 427; Chicago & A. R. R. Co. v. Livingston, 68 Ill. R., 458. 

For the purpose of taxation, the law regards lands and improvements as a 
whole, except for obtaining a correct valuation. When the valuation is ascertained, 
and tax charged, it is against the tract or lot, including improvements. If sold for 
the tax, all is sold together. Arrangements between lessor and lessee are not to be 
considered by the revenue officers. Opinion Auditor Miner. April 30, 1867. But 
where a building is set on posts to denote its temporary condition, under a provision 
in the lease to remove it, it is held to be personal property. Ballou v. Jones et al., 
37 Ill. R., 94.; see also Titus al. v. Mabee et al., 25 Ill. R., 257. 

While the transient visit of a person for a time at a place may not make him 
a resident while there, yet, if he has a regular and permanent business there, such 
as the loaning of money for himself and others, and remains there continuously for 
a time sufficiently extended to enable him to transact that business, which D 
his only known business or occupation, that will be regarded as his place of resi¬ 
dence, so as to subject his own moneys and credits, employed in such business, and 
also the moneys and credits of other persons who may reside out of. this State, but 
which are used and controlled by him as their agent, to taxation at such place, 
if in this State; and this although he may at the same time have a home or 
domicile in another State, where he also resides during certain limited portions of 
the year. Tazewell Co. v. Davenport, 40 Ill. R., 197. 








430 


REVENUE. 


[Div. VIII. 


Third —The shares of capital stock of banks and banking com¬ 
panies doing business in this State. 

. Fourth —The capital stock of companies and associations in¬ 
corporated under the laws of this State, except companies and 
associations organized for purely manufacturing and mercantile 
purposes, or for either of such purposes, or for the mining and 
sale of coal, or for printing, or for the publishing of newspapers, 
or for the improving and breeding of stock. [As amended by Act 
in force July 1, 1905. Laws 1905, p. 353. 

PROPERTY EXEMPT FROM TAXATION. 

2. Exempt property. 

2. Exempt property.] §2. All property described in this 
section, to the extent herein limited, shall be exempt from taxa¬ 
tion, that is to say * 1 — 

First —All lands donated by the United States for school pur¬ 
poses, not sold or leased; all property of schools; including the 
real estate on which the schools are located, not leased by such 
schools or otherwise used with a view to profit. 1 


An assessment, commonly called special assessment for street improvement in a 
city, is not a tax, and the same rules applicable to one do not necessarily apply to 
the others. City of Chicago v. Colby, 20 Ill. R., 614; Canal Trustees v. City of 
Chicago, 12 Ill. R., 406. 

In the construction of statutes, it will never be presumed that the legislature 
intended to abandon its rights as to the mode of assessing and collecting the State 
revenue. Bank of the Republic v. Hamilton County, 27 Ill. R., 54. 

The jurisdiction of the State, on the subject of taxation for State purposes, is 
supreme, over which the government of the United States can have no power or 
control. State Treasurer v. Collector of Sangamon County, 28 Ill. R., 512; The 
People v. Bradley et al., 39 Ill. R., 130. But the federal Constitution limits the 
power of taxation by a State in express terms as to imports and exports, and by 
implication, as to those instruments employed by the general government to carry 
out its authority, as government bonds, and the operation of such instruments. 
The People v. Bradley et al., 39 Ill. R., 130. 

A law of a State including steamboats as a portion of the property of an indi¬ 
vidual subject to State taxation, is valid. It does not interfere with the power of 
Congress to regulate commerce, nor is it a tonnage duty. Perry v. Torrence, 8 
Ohio R., 521. 

A sum of money, certain to be received annually and at stated periods, ia 
within the meaning of the tax law, an annuity, unless the same be receivable as a 
pension, a salary, or as compensation for labor of services subsequently to be per¬ 
formed. Wetmore v. State, 18 Ohio R., 77. 

The term “investment in stocks,” embraces within its meaning shares in the 
capital stock of banks and banking associations, and includes as well shares in the 
capital stock of national banks. The People v. Bradley et al., 39 Ill. R., 131. 

(1) Under the constitutional provision requiring all taxes to be imposed equally 
upon the property of persons and corporations, exemptions from such burdens are 
to be construed strictly and not extended by judicial construction to embrace other 
property than is plainly expressed in the law. People ex rel. v. Seaman’s Friends* 
Society, 87 Ill. R., 246. 

Laws exempting property from taxation, being in derogation of equal rights 
should be construed strictly; therefore, held, that property mentioned as exempt, is 
only exempt from taxation when used exclusively for the purposes mentioned. If 
used for other purposes, it is liable to taxation, no matter what purposes the proceeds 
are in future to be applied. Cincinnati College v. State, 19 Ohio R., 110. 

When an exception as to the burden of taxation is made in favor of a corpora¬ 
tion, justice demands that it should show clearly a compliance with the terms and 
spirit of the Act exempting it from taxation before it can be permitted to escape 





Div. VIII.] PROPERTY EXEMPT FROM TAXATION. 


431 


Second —All property used exclusively for religious purposes, 
or used exclusively for school and religious purposes and not 
leased or otherwise used with a view to profit. * 1 2 

Third —All lands used exclusively as grave yards or grounds 
for burying the dead. 

Fourth —All unentered government lands; all public build¬ 
ings or structures of whatsoever kind, and the contents thereof, 
and the land on which the same are located, belonging to the 
United States. 


a duty incumbent equally upon every citizen. People ex rel. v. Graceland Cemetery 
Co., 86 Ill. R., 336. 

Whilst courts of equity will in many cases enjoin the collection of a tax sought 
to be enforced against property exempt from taxation, they will not enjoin the 
collection of the whole tax, because in determining the valuation of an aggregate 
property, exempt property may have been included as a factor. Huck et al. v. 
Chicago & Alton R. R. Co., 86 Ill. R., 352. 

United States government bonds and notes are exempt from taxation under State 
authority. Bank v. Supervisors, 7 Wallace R., 26. But the income derived there¬ 
from, if it is in money or other taxable property, is subject to taxation. Opinion 
Att’y Gen’l Edsall, June 12, 1873. 

Horses and carriages carrying the mail of the United States, if owned by the 
government, are exempt from taxation, but not so if owned by individuals. Opinion 
Auditor Miner, June 27, 1867. 

Corn, wheat, oats and other field products, and beef, pork and other articles of 
provisions, are not exempt from taxation. Opinion Auditor Miner, Jan. 7, 1867. 

It is within the constitutional power of the legislature to exempt property from 
taxation, or to commute the general rate for a fixed sum. Illinois Central R. R. Co. 
v. County of McLean, 17 Ill. R., 293. But not so in regard to persons or class of 
persons. Hunsacker et al. v. Wright et al., 30 Ill. R., 146; O’Kane v. Treat et al., 
25 Ill. R., 561. 

The assessment of public taxes, or special assessment for public improvements 
upon the public property of the State, county or municipal corporations, is a mere 
question of policy. The power exists to make it bear its share of the one or the 
other. It may be exempt from the one and subjected to the other. Canal Trustees 
v. City of Chicago, 12 Ill. R., 405; Ross v. Mayor of New York, 3 Wend. R., 335; 
cited and sustained in case of Higgins v. City of Chicago, 18 Ill. R., 280. 

When an officer assesses and values property exempt from taxation, he acts 
without authority, and all his acts in excess of his power are void. Republic Life 
Ins. Co. v. Poliak et al., 75 Ill. R., 295. 

(1) Concerning exemption of school property the Constitution of 1848, empow¬ 
ered the General Assembly to exempt from taxation such property as they might 
deem necessary “for school purposes.” In this respect it differs from the present 
Constitution, which limits such right of exemption to lands ‘‘used exclusively for 
school purposes.” 

Under the provisions of the Constitution of 1848, the legislature granted a charter 
to the Northwestern University, and provided in the charter that all property 
belonging to or owned by the corporation should be exempt from taxation. Held, 
that this charter was a contract which could not be impaired by subsequent legisla¬ 
tion, had under the Constitution of 1870, limiting the exemption from taxation to such 
property as was actually used for school purposes. The Northwestern University v. 
The People ex. rel. Miller, Sup. Ct. U. S.; Chicago Legal News, April 19, 1879. 
Reversing same case, 80 Ill. R., 333. 

No provision of law is known exempting school lands from taxation, which 
have reverted on foreclosure of mortgage. Opinion Auditor Dubois, May 7, 1864. 

In order to exempt a school house from taxation, it should be held by the school 
directors under such title as will give them the right to possess and control it at 
all times for the use of the district. Pace v. County Commissioners of Jefferson 
Co., 20 Ill. R., 644. * 

If a seminary is established as such by law, the lot on which it stands is not 
taxable. But if a private school, although called a “seminary,” conducted for private 
gain or profit, it is not exempt from taxation. Opinion Auditor Miner, Feb. 14, 1868. 

(2) All church property actually and exclusively used for public worship, when 
the land is owned by the congregation, is exempt from taxation, the land to be of 
reasonable size for the location of the church. The buildings must be used 
exclusively for sacred and not for secular purposes. Trustees M. E. Church v. 
Chicago, 26 Ill. R., 482. The lot upon which a parsonage stands is subject to 
taxation. Opinion Att’y Gen’l Edsall, March 17, 1873. A parsonage owned by a 
church is not exempt from taxation. Opinion Auditor Miner, April 11, 1867; Llp- 
pincott, Dec. 22, 1869; St. Peter’s Church v. Commissioners Scott Co., 12 Minn. R., 395. 

In regard to houses used for public worship, the intent of the law exempting 
them is, that they shall be used for sacred purposes and not otherwise. That part 




432 


REVENUE. 


[Div. VIII. 


Fifth —All property of every kind belonging to the State of 
Illinois. * 1 

Sixth —All property belonging to any county, town, village 
or city, used exclusively for the maintenance of the poor. All 
swamp or overflowed lands belonging to any county, so long 
as the same remain unsold by such county; all public buildings 
belonging to any county, township, city or incorporated town, 
with the ground on which such buildings are erected, not ex¬ 
ceeding in any case ten acres. 2 

Seventh —All property of institutions of public charity, when 
actually and exclusively used for such charitable purposes, not 
leased or otherwise used with a view to profit; and all free pub¬ 
lic libraries. 

Eighth —All fire engines or other implements used for the 
extinguishment of fires, with the buildings used exclusively for 
the safe keeping thereof, and the lot of reasonable size on which 
the building is located, when belonging to any city, village or 
town. 

Ninth —All market houses, public squares or other public 
grounds used exclusively for public purposes; all works, ma¬ 
chinery and fixtures belonging exclusively to any town, village 
or city, used exclusively for conveying water to such town, 
village or city; all works, machinery and fixtures of drainage dis¬ 
tricts, when used exclusively for pumping water from the ditches 
and drains of such district for drainage purposes. 

Tenth —All property which may be used exclusively by so¬ 
cieties for agricultural, horticultural, mechanical and philosophic- 


so used may be exempt, and portions otherwise used may be taxed. First M E 
Church v. City of Chicago, 26 Ill. R., 487. 


Church property may be assessed for special purposes, though not liable for 
ordinary taxes. City of Ottawa v. Fisher et al., 20 Ill. R., 423; The Trustees of tho 
Illinois and Michigan Canal v. The City of Chicago, 12 Ill. R., 403. 

(1) Real estate owned by the State is not subject to taxation for State county 
or municipal purposes, nor can it be legally assessed or sold for special assessments 
for local improvements in cities. See case Taylor v. The People ex rel. Sup. Ct Ill 
Sept. Term, 1872. Opinion Att’y Gen’l Edsall, March 12, 1873. 

It is only the property owned by the State that is exempt from taxation not that 
in which it may ultimately share in avails. Ryan v. Gallatin County, 14 i’ll. R., 83. 

The Constitution of Illinois concerning exemption, declares: Art. IX, § 3 The 
property of the State, counties and other municipal corporations, both real and 
personal, and such other property as may be used exclusively for agricultural and 
horticultural societies, for schools, religious, cemetery and charitable purposes mav 
be exempted from taxation; but such exemption shall be only by general law In 
the assessment of real estate, incumbered by public easement, any depreciation 
occasioned by such easement, may be deducted in the valuation of such property. 

(2) The exemption of swamp lands from taxation ceases when sold by the 
county, and it is presumed that such lands reverting on foreclosure of mortgage 
Would not be exempt under the law. Opinion Auditor Miner. Mav 1.3. 1867. 







Div. viii.] Rules for valuing personal property, m 


al purposes, and not for pecuniary profit. 1 

[As amended by Act approved and in force June 26, 1913. 
Laws 1913, p. 511. 

RULES FOR VALUING PERSONAL PROPERTY. 

3. Personal property. 

3. Personal property.] § 3. Personal property shall be 
valued as follows : 2 

First —All personal property, except as herein otherwise di¬ 
rected, shall be valued at its fair cash value. 

Second —Every credit for a sum certain, payable either in 
money or labor, shall be valued at a fair cash value, for the 
sum so payable; if for any article of property, or for labor or 
services of any kind, it shall be valued at the current price of 
such property, labor or service. 

Third —Annuities and royalties shall be valued at their then 
present total value. 3 

(1) Land to be exempt must be owned by the society or used by it without any 
compensation to the owner. It must be used exclusively for the purposes for which 
the society was created. The organization must not contemplate any pecuniary 
profit to its individual members. The land must not be used for purposes other 
than those incident to the legitimate work of the society even though the profits 
arising from such outside use are to be applied to the furtherance of such work. Any 
lands or other property owned by the society, not used in its legitimate work, even 
though lying idle and not producing revenue, should be assessed. Opinion Auditor 
Needles, May 25, 1878. 

(2) The legislature cannot make a discrimination in favor of personal property. 
The burden must be imposed upon all the property within the limits taxed. Primm 
v. City of Belleville, 59 Ill. R., 142. 

It is indispensable, to support a levy or assessment of taxes, that there be a 
valuation of the property. Town of Lebanon et al. v. Ohio & Miss. R. Co., 77 Ill. 
R., 539. 

It is made the duty of assessors, and State Board of Equalization, so far as 
charged with that duty, to assess all personal property at its “fair cash value,” and 
all real estate at a “price it would bring at a fair voluntary sale,” so that every 
person or corporation shall pay a tax in proportion to his or its property. Law et al. 
v. The People, 87 Ill. R., 385. 

The first cost of property is no evidence of its value. C. & N.-W. R. R. Co. v. 
Boone County, 44 Ill. R., 241. 

In valuing property the assessor has no right to discriminate for or against any 
class of property. The only criterion known to the law is the actual money worth 
of the property. Opinion Auditor Miner, May 28, Sept. 25, 1868, May 29, 1867. And 
this may be on a “greenback” basis, so called. Opinion Auditor Miner, May 21, 1866. 

Choses in action, such as promisory notes, are to be listed at their true value. 
If a note is wholly worthless, it is not to be listed at all; if it is of some value, but 
less than its face, it is to be listed at what it is worth. Exchange Bank Columbus 
v. Hines, 3 Ohio State R., 1. 

Under a law providing “for taking all property in this State according to its true 
value,” held, that capital invested in the business of purchasing hogs and slaughtering 
and packing pork for sale or transportation, is subject to taxation. Jackson v. 
Steele, 15 Ohio R., 652. 

One portion of the taxpayers of a county cannot be required to pay more taxes 
in proportion to its value than another portion in the same county, and a discrim¬ 
ination cannot be made in this regard against the property of a railroad company, 
and although property is assessed at a low rate, still uniformity must be observed. 
C. & N.-W. R. R. Co. v. Boone County, 44 Ill. R., 240. 

(3) The third section of the revenue Act requiring that the capital stock of all 
companies and associations created under the laws of this State, shall be so valued 




434 


REVENUE. 


[Div. VIII. 


Fourth —The capital stock of all companies and associations 
now or hereafter created under the laws of this State, except 
companies and associations organized for purely manufacturing 
and mercantile purposes or for either of such purposes, or for the 
mining and sale of coal, or for printing, or for the publishing 
of newspapers, or for the improving and breeding of stock, shall 
be so valued by the State Board of Equalization as to ascertain 
and determine, respectively, the fair cash value of such capital 
stock, including the franchise, over and above the assessed value 
of the tangible property * 1 of such company or association, such 
board shall adopt such rules and principles for ascertaining the 
fair cash value of such capital stock, as to it may seem equitable 
and just; and such rules and principles, when so adopted, if not 
inconsistent with this Act, shall be as binding and of the same 
effect as if contained in this Act, subject, however, to such 
change, alteration or amendment as may be found, from time to 
time, to be necessary, by said board: Provided, that in all cases 
where the tangible property or capital stock of any company or 
association is assessed under this Act, the shares of capital stock 
of such company or association shall not be assessed or taxed 
in this State. This clause shall not apply to the capital stock, 
or shares of capital stock, of banks organized under the general 
banking laws of this State or under any special charter heretofore 
granted by the legislature of this State. 2 [As amended by Act i n 
force July 1, 1905. See 318, § 18. Laws 1905, p. 35 3. 


by the State Board of Equalization as to ascertain and determine, respectively, the 
fair cash value of such capital stock, including the franchise, over and above the 
assessed value of the tangible property of such company or association being a 
general law, and uniform as to the class upon which it operates, is not in violation 
of any constitutional provision. Porter et al. v. R. R. I. & St. L. R. R. Co., 76 Ill. 
R., 561. 

(1) Where the tangible property or capital stock of a corporation (excepting 
banks organized under the general law) is assessed, the shares of stock of the 
corporation cannot be assessed to the owners. Republic Life Ins. Co. v. Pollack 
et al., 75 Ill. R., 300. 

The legal property of the shareholder in a corporation is quite distinct from that 
of the corporation, although the shares of stock have no value save that which they 
derive from the corporate property and franchise; and a tax levied upon the property 
of the one is not, in any legal sense, levied upon the property of the other. A tax 
upon the capital stock and franchise of a corporation is not a tax upon the shares 
of the shareholders. Porter et al. v. R. R. I. & St. L. R. R. Co., 76 Ill. R., 561. 

In assessing the value of a railroad for purposes of taxation, the inquiry should 
be, what is the property worth, to be used for the purposes for which it was designed, 
and not for any other purposes to which it might be applied, and in all cases it is 
proper to consider what would a prudent man give for the property as a permanent 
investment, with a view to present and future income, and the assessment should 
be at its present and not future value. State of Illinois v. Illinois Central Railroad 
Co., 27 Ill. R., 70. 

(2) Porter v. R. R. I. & St. L. R. R. Co., 76 Ill., 561: Republic Life Ins. Co. v. 
Pollock, 75 Ill., 293; C. R. & Q. R. R. Co. v. Cole, 75 Ill., 501; Hub v. Hanburg, 
211 Ill., 43. 

The withdrawal of real estate from the limits of a municipal corporation 
and from the power of taxation by the municipality, after such corporation has 
Incurred a large indebtedness which must be paid by taxation, is in violation of the 





Div. VIII.] RULES FOR VALUING PERSONAL PROPERTY. 435 


RULES FOR VALUING REAL ESTATE. 

4. Real property. 

4. Real property.] §4. Real property shall be valued as 
follows: 

First —Each tract or lot of real property shall be valued at its 
fair cash value, estimated at the price it would bring at a fair, 
voluntary sale. 

Second —Taxable leasehold estates shall be valued at such a 
price as they would bring at a fair, voluntary sale for cash. 

Third —When a building or structure is located on the right 
of way of any canal, railroad or other company leased or granted 
for a term of years to another, the same shall be valued at such 
a price as such building or structure and lease or grant would sell 
at a fair voluntary sale for cash. 

Fourth —In valuing any real property on which there is a 
coal or other mine, or stone or other quarry, the same shall be 
valued at such a price as such property, including the mine or 
quarry, would sell at a fair, voluntary sale for cash. [See 318, 
§ 18. 


PERSONAL PROPERTY—WHEN LISTED. 

5. Time to list. 

5. Time to list.] § 5. Personal property shall be listed be¬ 
tween the first day of May and the first day of July of each year, 
when required by the assessor, with reference to the quantity 
held or owned on the first day of May, in the year for which the 
property is required to be listed. Personal property purchased or 
acquired on the first day of May shall be listed by or for the 
person purchasing or acquiring it. [See If 315, § 15. 


WHO SHALL LIST AND WHAT LISTED. 


6. Manner of listing. 


6. Manner of listing.] §6. Personal property shall be 
listed in the manner followyig: 1 

First —Every person of full age and sound mind, being a resi¬ 
dent of this State, shall list all his moneys, credits, bonds or 


constitutional provision regarding uniformity as the basis of taxation both in respect 
to persons and to property, unless the act of disconnecting territory is attended with 
lome cor?e“ond°nS benefit to the municipality. City ot Galesburg v. Hawkmson 
et al., 75 Ill. R., 152. 

r-n Taxes mav be imposed upon persons engaged in the classes of business or 
exercising the callings specified in first section of Art. ’IX, of the Constitution, entitled 





430 


REVENUE. 


[Div. VIII. 


stocks, shares of stock of joint stock or other companies, (when 
the capital stock of such company is not assessed in this State), 
moneys loaned or invested, annuities, franchises, royalties, and 
other personal property. 

Second —He shall also list all moneys and other personal 
property invested, loaned or otherwise controlled by him as the 
agent or attorney, or on account of any other person or persons, 
company or corporation whatsoever, and all moneys deposited, 
subject to his order, check or draft, and credits due from or owing 
by any person or persons, body corporate or politic. [See § 19. 

Third —The property of a minor child shall be listed by his 
guardian; if he have no guardian, then by the father, if living; 
if not, by the mother, if living; and if neither father nor mother 
be living, by the person having such property in charge. 

Fourth —The property of an idiot or lunatic, by his conserva¬ 
tor ; or if he has no conservator, by the person having charge 
of such property. 

Fifth —The property of a wife by her husband, if of sound 
mind; if not, by herself. 

Sixth —The property of a person for whose benefit it is held 
in trust, by the trustee; of the estate of a deceased person, by 
the executor or administrator. 

Seventh —The property of corporations whose assets are in 
the hands of receivers, by such receivers. 

Eighth —The property of a body politic or corporate, by the 
president, or proper agent or officer thereof. 

Ninth —The property of a firm or company, by a partner 
or agent thereof. 

Tenth —The property of manufacturers and others in the 
hands of agent, by and in the name of such agent, as merchandise. 


Revenue, by license, or a tax upon receipts, or in such manner as the General 
Assembly may see fit to provide by general law, uniform as to each class of interest 
taxed. Capital invested otherwise than in some business or interest specified in the 
latter branch of that section, can only be taxed by valuation. Opinion Att’y Gen’l 
Edsall, Jan. 23, 1877. 

The intention of the revenue law is that all property controlled by a resident 
of this State, as agent or attorney, or on account of any other person or persons, 
company or corporation, should be listed by him and assessed in the township or 
district in which he resides; the obvious reasons being: 

First—That the property would be “in sight” in that district, and hence less 
liable to escape taxation; and, secondly—even though the actual owner should list 
it as his residence, his assessor would not have an opportunity to arrive at its fair 
cash value by actual inspection. The regular steps, as indicated by the law, are as 
follows: 

The second clause of section 6 makes it the duty of the person who controls to list 
the property for taxation. Section 9 prescribes the place at which it shall be assessed. 
H 20, § 19, time when listed and manner of listing, if 260, § 254, creates a lien for the tax 
upon the personal property of the person assessed, (i. e., the agent). See 73, Ill. R., 125, 
and II 262, § 256, creates a lien upon the property assessed in favor of the agent, until he 
is indemnified against the payment of the tax. Opinion Auditor Needles, June 6, 1878. 




■ Uiv. VIII.] MANNER OF LISTING PERSONAL PROPERTY. 437 


WHERE LISTED AND ASSESSED, AND WHAT HELD TO BE PER¬ 
SONAL PROPERTY—MANNER OF LISTING. 

7. Where personal property listed. 

8. Farm property—Owner not residing on farm. 

9. Of manufactures in hands of agent. 

10. Purchaser s interest in exempted lands, personalty. 

11. In transitu. 

12. Nursery stock. 

13. Personal property of banks and others. 

14. Repeal. 

15. The personal property of gas and coke companies. 

16. The personal property of street railroad, plank road, etc. 

17. The horses, stages and other personal property of stage companies. 

18. The personal property of express or transportation companies. 

19. Consignee only his interest. 

20. Listing on behalf of others. 

21. Interest on bonds. 

22. Money secured by deed. 

23. Removing—Where owner assessed. 

24. How place of listing fixed. 

25. Schedule. 

7. Where personal property listed.] § 7. Personal prop¬ 
erty, except such as is required in this Act to be listed and as¬ 
sessed otherwise, shall be listed and assessed in the county, town, 
city, village or district where the owner resides. The capital 
stock and franchises of corporations and persons, except as may 
be otherwise provided, shall be listed and taxed In the county, 
town, district, city or village where the principal office or place 
of business of such corporation or person is located in this State. 
If there be no principal office or place of business in this State, 
then at the place in this State where any such corporation or 
person transacts business. 1 

8. Farm property—Owner not residing on farm.] § 8. 

When the owner of live stock or other personal property con¬ 
nected with a farm does not reside thereon, the same shall be 

(1) A listing- of the capital stock of a company or association created under 
the laws of this State, including- its franchises, either by the corporation or the local 
assessor, is not an essential prerequisite to its valuation by the State Board of 
Equalization, and such valuation, without such listing and returns thereof made, will 
not render a tax levied thereon void. Pacific Hotel Co. v. Lieb et al., 83 Ill. R., 602. 

The local assessor is not required to fix any valuation on the capital stock of 
corporations and associations, but the matters required to be returned by him are 
merely such as the law deems to be important in enabling the State Board to 
discharge its duty intelligently. If such returns are regarded fraudulent or untrust¬ 
worthy by the Board, they may entirely disregard them, and make the Valuation 
from other sources supposed to be more accurate and reliable. Pacific Hotel Co. v. 
Lieb et al., 83 Ill. R., 602. 

The funds and taxable property of insurance companies in the hands of local 
agents, should be assessed at the place where such agents transact their business, 
although the company may have a general office in this State. Opinion Att’y Gen’l 
Edsall. 





438 


REVENUE. 


[Div. VLII. 


listed and assessed in the town or district where the farm is 
situated: Provided, if the farm is situated in several towns or dis¬ 
tricts, it shall be listed and assessed in the town or district in 
which the principal place of business on such farm shall be. 

9. Of manufacturers in hands of agent.] §9. The prop¬ 
erty of manufacturers and others, in the hands of agents, shall 


Personal property must be listed for taxation, in the county, town or district 
where the owner resides, notwithstanding the property itself may remain and be 
used in another county, as in case of farming implements, stock, etc., upon a farm. 
King et al. v. McDrew et al., 31 Ill. R., 418. Yet if permanently located elsewhere, 
it may be listed there. Mills, Executor, etc., v. Thornton et al., 26 Ill. R., 300. 

A person cannot choose where his property shall be taxed; this is fixed by 
law. Opinion Auditor Miner, Aug. 17, 1867. 

In regard to taxation in cities and incorporated towns, the place and manner of 
taxation will be regulated by their charters. Opinion Auditor Miner, Aug. 17, 1867; 
July 22, 1867; Wilkie v. City of Pekin, 19 Ill. R., 160. 

It is not necessary that a person to be amenable to the taxing power, should be 
a citizen of, or domiciled within the State; but he must be a resident. There is a 
distinction in law between residence and domicile, and a person may have the former 
in one State and the latter in another. Nor is the liability of taxation placed on the 
ground of citizenship. Tazewell County v. Davenport, 40 Ill. R., 197. 

A person residing in this State, acting as agent for a nonresident, is liable to tax 
as agent on securities, taken for money loaned. Opinion Auditor Miner, July 25, 1857; 
Tazewell County v. Davenport, 40 Ill. R., 197. 

Where three executors of an estate reside in the same township—two of them 
within the corporate limits of a village, the other without such limits—and the 
three have possession in law of the taxable moneys, credits, bonds and stocks of the 
estate, the same must, in view of the equities and analogies of the statute (which 
does not expressly provide for such a case), be entered for taxation—one-third as 
of the place of residence of each executor. And this principle would be applicable 
to a case where the executors resided in different townships. State v. Mathews 10 
Ohio State R. 

Merchandise is to be taxed at the place of business of the merchant which 
may or may not be his residence. Opinion Auditor Miner, Aug. 7, 1868. And where 
the same party has goods in different localities, carrying on business there the 
property should be listed where it is located. Opinion Auditor Miner, July 16, 1867. 

The stock or interest of a vessel, boat or ship, navigating the waters of this 
State, is taxable where the owner resides and it is thought that no question con¬ 
cerning the taxation can arise which could be carried into the United States courts 
Opinion Auditor Miner, July 20, 1867. The place or situs of a vessel is the place 
of its registration and port from which it regularly departs and returns. Wilkie v 
City of Pekin, 19 Ill. R., 160. . 

A lease of lands belonging to the State, including canal lands, etc., with improve¬ 
ments, may be taxed, and the interest of the tenant sold. La Salle Manufacturing 
Co. v. The City of Ottawa, 16 Ill. R., 418. e 

Leasehold property belonging to the State, should be valued in the assessment 
at the price the assessor believes can be obtained for the leasehold, and this should 
include all rights and privileges belonging or in anywise pertaining thereto. Oninion 
Auditor Miner, July 14, 1868. 

The law requires that persons owning personal property shall make, sign and 
deliver to the assessor a statement of their property subject to taxation. Town of 
Charlestown v. McCrory, 36 Ill. R., 456. 

The fact that property subject to taxation has not been listed, although it 
improperly increases the burden of taxation upon the property that is listed, does not 
render the tax wholly void, or authorize the interference of a court of equity 
Exchange Bank Columbus v. Hines, 3 Ohio State R., 1. 

The assessor has no right to double the assessed value of property belonging to 
the estate of a deceased person on account of any act of the executor Lener v 
Pulsifer, 37 Ill. R., 110. * p 

When a party makes out and delivers to the assessor a list of his taxable 
property, which is accepted without question, that officer has no power afterward 
of his own motion, to alter it without first giving the party assessed notice If he 
does a court of equity will grant relief by injunction. Cleghorn v. Postlewaite et al. 
43 Ill. R., 431. 

The assessor is to value real estate himseif, and need not give notice thereof to 
the person assessed. Opinion Auditor Miner, May 6, 1867. 





Div. VIII.]' MANNER OF LISTING PERSONAL PROPERTY. 439 


be listed and assessed at the place where the business of such 
agent is carried on. [See If 6, § 6, ft 20, § 19, ft 262, § 256. 

10. Purchaser’s interest in exempted lands, personalty.] 

§ 10. When real estate is exempt in the hands of the holder of 
the fee, and the same is contracted to be sold, the amount paid 
thereon by the purchaser, with the enhanced value of the invest¬ 
ment and improvement thereon until the fee is conveyed, shall be 
held to be personal property, and listed and assessed as such, in 
the place where the land is situated. 

11. In transitu.] § 11. Personal property, in transitu, shall 
be listed and assessed in the county, town, city, or district where 
the owner resides: Provided, if it is intended for a business, it 
shall be listed and assessed at the place where the property of 
such business is required to be listed. 1 

12. Nursery stock.] § 12. The stock of nurseries, growing 
or otherwise, in the hands of nurserymen, shall be listed and 
assessed as merchandise. 

13. Personal property of banks and others.] § 13. The 

personal property of banks or bankers, brokers, stock-jobbers, in¬ 
surance companies (except life insurance companies organized 
under the laws of this State), hotels, livery stables, saloons, eat¬ 
ing houses, merchants and manufacturers, ferries, mining com¬ 
panies, and companies not specifically provided for in this Act, 
shall be listed and assessed in the county, town, city, village or 
district where their business is carried on, except such property 
as shall be liable to assessment elsewhere, in the hands of agents. 
All persons, companies and corporations in this State owning 
steamboats, sailing vessels, wharf boats, barges and other water 
craft, shall be required to list the same for assessment and taxa¬ 
tion in the county, town, city, village or district in which the 
same may belong or be enrolled, registered or licensed, or kept 
when not enrolled, registered or licensed. All property and as¬ 
sets of life insurance companies organized under the laws of this 
State, shall be assessed to the corporation as to a natural person, 
in the name of the corporation, in the county, town, city, village 
or district of its residence, as herein provided and not otherwise. 
The place where its office is located in its articles of incor¬ 
poration shall be deemed its residence: Provided, its business is 
actually transacted at such office; but if it shall establish its prin¬ 
cipal office in any other place than the place named in its articles 

(1) A State has no right to tax property in transitu from one State to another - 
across its -territory, or upon navigable rivers lying wholly or in part within its 
borders. A State has the right to tax all tangible personal property which has its 
actual situs within its limits whether owned by residents or nonresidents. Taxes on 
personal property do not become liens until the tax books are received by the col, 
lector. Opinion Att’y Gen’l Edsall, April 16, 1877. 




440 


REVENUE. 


[Div. VIII. 


of incorporation, then the place where it transacts its principal 
business shall be deemed its residence for all the purposes of this 
Act. In computing the taxable property of life insurance com¬ 
panies organized under the laws of this State, the value of the 
real property on which the company pays taxes shall be de¬ 
ducted from its net admitted assets above liabilities, as testified 
and shown by the latest report of the Insurance Superintendent, 
and the remainder shall be the amount of personal property for 
which the companies shall be assessed. The term ‘‘life insurance 
companies organized under the laws of this State,” as used in 
this section, shall not be construed to apply to fraternal bene¬ 
ficiary societies, or to corporations operating on the assessment 
plan, organized under the laws of the State. [As amended by 
Act in force July 1, 1905. Laws 1905, p. 356. 

14. Repeal. 1 § 13a. All laws and parts of laws inconsistent 

herewith are hereby repealed. [Added by Act in force July 1, 1905. 
Laws 1905, p. 356. 

15. ] § 14. The personal property of gas and coke companies 

except the pipes laid down, shall be listed .and assessed in the town, 
village, district or city where the principal works are located. 
Gas mains and pipes, laid in roads, streets or alleys, shall be held 
to be personal property, and listed and assessed as such, in the 
town, district, village or city where the same are laid. 

16. ] § 15. The personal property of street railroad, plank 
road, gravel road, turnpike or bridge companies shall be listed 
and assessed in the county, town, district, village or city where 
the principal place of business is located. The track, road or 
bridge shall be held to be personal property, and listed and as¬ 
sessed as such, in the town, district, village or city where the 
same is located or laid. 

17. ] § 16. The horses, stages and other personal property of 
stage companies or persons operating stage lines, shall be listed 
and assessed in the county, town, city or district where they are 
usually kept. 

18. ] § 17. The personal property of express or transporta¬ 
tion companies shall be listed and assessed in the county, town, 
district, village or city where the same is usually kept. 

19. Consignees only his interest.] § 18. No consignee shall 
be required to list, for taxation, the value of anv property con¬ 
signed to him for the sole purpose of being stored or forwarded, 
except to the extent of his interest in such property. 

20. Listing on behalf of others.] §19. Persons required 
to list property on behalf of others, shall list it in the same place 



Div. VIII.]' MANNER OF LISTING PERSONAL PROPERTY. 441 


in which they are required to list their own; but they shall list 
it separately from their own, specifying in each case the name 
of the person, estate, company or corporation to whom it belongs. 

21. Interest on bonds.] §20. Persons, for themselves or 
others, holding bonds or stocks of any kind, the principal of 
which bonds or stocks has been or may hereafter be exempted 
from taxation, shall list the amount of accrued interest on such 
bonds, without regard to the time when the same is to be paid. 

22. Money secured by deed.] §21. Where a deed for real 
estate is held for the payment of a sum of money, such sum, so 
secured, shall be held to be personal property, and shall be listed 
and assessed as credits. 

23. Removing—Where owner assessed.] §22. The owner 
of personal property removing from one county, town, city, vil¬ 
lage or district to another, between the first day of May and the 
first day of July, shall be assessed in either, in which he is first 
called upon by the assessor. The owner of personal property 
moving into this State from another State, between the first 
day of May and the first day of July, shall list the property 
owned by him on the first day of May of such year, in the county, 
town, city, village or district in which he resides: Provided, if 
such person has been assessed, and can make it appear to the 
assessor that he is held for tax for the current year on the prop¬ 
erty, in another State, county, town, city or district, he shall not 
be again assessed for said year. See ]f 307, § 7, If 308, § 8, 
If 309, §9. 

24. How place of listing fixed.] § 23. In all questions that 
may arise under this Act as to the proper place to list personal 
property, or when the same cannot be listed as stated in this Act, 
if between several places in the same county, the place for list¬ 
ing and assessing shall be determined and fixed by the county 
board; and when between different counties or places in different 
counties, by the Auditor of Public Accounts; and when fixed in 
either case, shall be as binding as if fixed by this Act. 

25. Schedule.] § 24. Persons required to list personal 
property shall make out, under oath, and deliver to the assessor, 
at the time required, a schedule of the numbers, amounts, quan¬ 
tity and quality of all personal property in their possession or 
under their control, required to be listed for taxation by them. 
It shall be the duty of the assessor to determine and fix the fair 
cash value of all items of personal property, including all grain 
on hand on the first dav of May and in assessing notes, accounts, 
bonds and moneys, the assessor shall be governed by the same 





442 


REVENUE. 


[Div. VIII. 


rules of uniformity that he adopts as to value in assessing other 
personal property, and the assessor is hereby authorized to ad¬ 
minister the oath required in this section and if any person shall 
refuse to make such schedule under oath, then the assessor shall 
list the property of such person according to his best judgment 
and information and shall add to the valuation of such list an 
amount equal to fifty per cent of such valuation and if any per¬ 
son making such schedule shall swear falsely he shall be guilty 
of perjury and punished accordingly. Any person so required to 
list personal property who shall refuse, neglect or fail when re¬ 
quested by the proper assessor, so to do, shall be deemed guilty 
of a misdemeanor, and on conviction thereof shall be fined in any 
sum not exceeding two hundred dollars, and the several assessors 
shall report any such refusal to the county attorney whose duty 
it is hereby made to prosecute the same. [As amended by Act 
approved May 31, 1879. In force July 1, 1879. Laws 1879, p. 152. 
See If 307, § 7, If 308, § 8, ff309, § 9, If 317, § 17, ff 320, § 20. 

FORM OF SCHEDULE. 

26. Schedule. 

27. When assessor may examine under oath and list property. 

26. Schedule.] §25. Such schedule, when completed by 
the assessor in extending in a separate column the value of such 
property, shall truly and distinctly set forth. 

First —The number of horses of all ages, and the value thereof. 

Second —The number of cattle of all ages, and the value thereof. 

Third —The number of mules and asses of all ages, and the 
value thereof. 

Fourth —The number of sheep of all ages, and the value thereof. 

Fifth —The number of hogs of all ages, and the value thereof. 

Sixth —Every steam engine, including boilers, and the value 
thereof. 

Seventh —Every fire or burglar-proof safe, and the value 
thereof. 

Eighth —Every billiard, pigeon-hole, bagatelle or other similar 
tables, and the value thereof. 

Ninth —Every carriage and wagon, of whatsoever kind, and the 
value thereof. 

Tenth —Every watch and clock, and the value thereof. 

Eleventh —Every sewing or knitting machine, and the value 
thereof. 

Twelfth —Every piano forte, and the value thereof. 

Thirteenth —Every melodeon and organ, and the value thereof. 



Div. VIII.] 


FORM OF SCHEDULE. 


443 


Fourteenth —Every franchise, the description and the value 
thereof. 

Fifteenth —Every annuity and royalty, the description and the 
value thereof. 

Sixteenth —Every patent right, the description and the value 
thereof. 

Seventeenth —Every steamboat, sailing vessel, wharf-boat, barge 
or other water craft, and the value thereof. 

Eighteenth —The value of merchandise on hand. 

Nineteenth —The value of material and manufactured articles 
on hand. 

Twentieth —The value of manufacturers’ tools, implements and 
machinery (other than boilers and engines, which shall be listed as 
such). 

Twenty-first —The value of agricultural tools, implements and 
machinery. 

Twenty-second —The value of gold or silver plate and plated 
ware. 

Twenty-third —The value of diamonds and jewelry. 

Twenty-fourth —The amount of moneys of bank, banker, broker 
or stock-jobber. 

Twenty-fifth —The amount of credits of bank, banker, broker 
or stock-jobber. 

Twenty-sixth —The amount of moneys other than of bank, bank¬ 
er, broker or stock-jobber. 

Twenty-seventh —The amount of credits other than of bank, 
banker, broker or stock-jobber. 

Twenty-eighth —The amount and value of bonds or stocks. 

Twenty-ninth —The amount and value of shares of capital 
stock of companies and associations not incorporated by the laws 
of this State. 

Thirtieth —The value of property such person is required to 
list as a pawn-broker. 

Thirty-first —The value of property of companies and corpora¬ 
tions other than properly hereinbefore enumerated. 

Thirty-second —The value of bridge property. 

Thirty-third —The value of property of saloons and eating 
houses. 

Thirty-fourth —The value of household or office furniture and 
property. 

Thirty-fifth —The value of investments in real estate and im¬ 
provements thereon required to be listed under this Act. 

Thirty-sixth —The value of all other property required to be 
listed. 



444 


REVENUE. 


[Div. VIII. 


27. When assessor may examine under oath and list prop¬ 
erty.] §26. That whenever the assessor shall be of opinion that 
the person listing property for himself or for any other person, 
company or corporation, has not made a full, fair and complete 
schedule of such property, he may examine such person under 
oath in regard to the amount of the property he is required to 
schedule, and for that purpose he is authorized to administer 
oaths; and if such person shall refuse to answer under oath and 
a full discovery make, the assessor may list the property of such 
person or his principal, according to his best judgment and in¬ 
formation. If the person so examined shall swear falsely, he 
shall be guilty of perjury, and punished accordingly. [See §83. 

RULES FOR LISTING CREDITS. 

28. What debts deducted from credits. 

29. What debts not deducted. 

30. Deduction verified by oath—Perjury—Fines—Statements. 

28. What debts deducted from credits.] § 27. In making 
up the amount of credits which any person is required to list 
for himself, or for any other person, company or corporation, he 
shall be entitled to deduct from the gross amount of credits the 
amount of all bona fide debts owing by such person, company 
or corporatipn, to any other person, company or corporation, 
for a consideration received; but no acknowledgement of in¬ 
debtedness not founded on actual consideration, believed when 
received to have been adequate, and no such acknowledgment 
made for the purpose of being so deducted, shall be considered 
a debt within the meaning of this section; and so much only 
of any liability, as surety for others, shall be deducted as the, 
person making out the statement believes he is legally and equit¬ 
ably bound, and will be compelled to pay on account of the in¬ 
ability or insolvency of the principal debtor; and if there are 
other sureties who are able to contribute, then only so much 
as the surety in whose behalf the statement is made will be 
bound to contribute: Provided, that nothing in this section 
shall be so construed as to apply to any bank, company or cor¬ 
poration exercising banking powers or privileges, or to authorize 
any deductions allowed by this section from the value of any 
other item of taxation than credits. 

29. What debts not deducted.] § 28. No person, company 
or corporation shall be entitled to any deduction from the amount 
of any bonds, stocks, or money loaned, or on account of any 
bond, note or obligation of any kind, given to any insurance 



Div. VIII.] 


LISTING STOCK OF ASSOCIATIONS. 


445 


company on account of premiums or policies, nor on account of 
any unpaid subscription to any religious, literary, scientific or 
charitable institution or society, nor on account of any subscrip¬ 
tion to or installment payable on the capital stock of any com¬ 
pany, whether incorporated or unincorporated. 

30. Deductions verified by oath—Perjury—Fines—State¬ 
ments.] § 29. In all cases where deductions are claimed from 
credits, the assessor shall require that such deductions be veri¬ 
fied by the oath of the person, officer or agent claiming the 
same; and any such person, officer or agent, knowingly or will¬ 
fully making a fraudulent statement of such deductions claimed, 
so verified by affidavit, shall be liable to a fine of not less than 
$100, nor more than $1,000, in addition to all damages sustained 
by the State, county or other local corporation, to be recovered 
in any proper form of action in any court of competent juris¬ 
diction, in the name of the People of the State of Illinois. Such 
fines, when recovered, shall be paid into the county treasury, and 
the damages, when collected, shall be paid to whom they belong. 
The assessor shall preserve the statment of deductions thus 
claimed, so verified by affidavit, and when he returns the assess¬ 
ment books shall, file the same with the county clerk, to be kept 
on file in his office for two years, and at the expiration of such 
time said statement of deduction shall be destroyed by said 
clerk, but, in the meantime, shall be subject only to the inspection 
of the officers charged with the execution of this law. 

RULES FOR LISTING STOCK OF MUTUAL BUILDING, LOAN AND 
HOMESTEAD ASSOCIATIONS. 

31. Shares of stock—When and how assessed. 

32. Non-resident stock holders. 

33. Mode of determining value of stock. 

34. Shares of stock—How assessed—Emergency. 

31. Shares of stock — When and how assessed.] § 29a. The 
stockholders of every mutual building, loan and homestead asso¬ 
ciation for the purpose of building and improving homesteads 
and loaning money to the members thereof only, whether such 
association is organized under the laws of this State or of any 
other State or territory of the United States, shall list for taxa¬ 
tion with the local assessor where such stockholders reside, the 
number of shares of stock of such association owned by them 
respectively and the value thereof on the first day of April in 
each year, and the same shall be assessed against such stock¬ 
holders and the taxes thereon collected in the same manner as 
on other personal property; Provided , That no stock of such 



446 


REVENUE. 


[Div. VIII. 


association while loaned upon by, and pledged as security to the 
association issuing it, to an amount equal to the par value of 
such stock, shall be subject to assessment. [As amended by 
Act approved and in force April 18, 1901. 1 Laws 1901, p. 265. 

32. Nonresident stock holders.] § 29b. The shares of stock 
of all stockholders residing without this State of such associations 
shall be assessed by the local assessor where such associations 
are located, and, for the purpose of collecting the taxes thereon, 
a lien is hereby created upon such stock. [Added by Act ap¬ 
proved and in force April 30, 1895. Laws 1895, p. 301. 

33. Mode of determining value of stock.] § 29c. In deter¬ 
mining the value of such stock for the purpose of taxation the 
value of the real estate owned by such associations shall be first 
deducted from their assets and such real estate shall be assessed 
in the manner now provided by law. [Added by Act approved 
and in force April 30, 1895. Laws 1895, p. 301. 

34. Shares of stock—How assessed—Emergency.] § 29d. 

The shares of stock and property of every such mutual building, 
loan and homestead association shall be assessed as herein pro¬ 
vided, and not otherwise. 

Whereas, assessments are required to be made between the first 
day of May and the first day of July, 1895, therefore an emergency 
exists and this Act shall take effect and be in force from and after 
its passage. [Added by Act approved and in force April 30, 1895. 
Laws 1895, p. 301. 

RULES FOR LISTING THE PROPERTY AND BUSINESS OF BANKS, 
BANKERS, BROKERS AND STOCK JOBBERS. 

35. Banks, etc.—Rules for listing. 

35. Banks, etc. — Rules for listing.] § 30. Every bank 
(other than banks incorporated under the banking laws of this 
State or the United States), banker, broker or stock jobber, shall 
at the time fixed by this Act for listing personal property, make 
out and furnish the assessor a sworn statement showing: First, 
the amount of money on hand or in transit; second, the amount 
of funds in the hands of other banks, bankers, brokers, or others, 
subject to draft; third, the amount of checks, or other cash items, 
the amount thereof not being included in either of the preced¬ 
ing items; fourth, the amount of bills receivable, discounted 

(1) Amendment (1901) which changed word “May” to “April” and added 
proviso, unconstitutional. In re St. Louis & Investment Co., 194 Ill., 609. 




Div. VIII.] LISTING CAPITAL STOCK OF CORPORATIONS. 447 


or purchased, and other credits, due or to become due, includ¬ 
ing accounts receivable, and interest accrued but not due, and 
interest due and unpaid; fifth, the amount of bonds and stocks 
of every kind, and shares of capital stock or joint stock of other 
companies or corporations, held as an investment or any way 
representing assets; sixth, all other property appertaining to 
said business, other than real estate (which real estate shall be 
listed and assessed as other real estate is listed and assessed 
under this Act) ; seventh, the amount of all deposits made with 
them by other parties; eighth, the amount of all accounts pay¬ 
able other than current deposit accounts; ninth, the amount of 
bonds and other securities exempt by law from taxation, specify¬ 
ing the amount and kind of each, the same being included in the 
preceding fifth item. The aggregate amount of the first item 
shall be listed as moneys. The amount of the sixth item shall 
be listed the same as other similar personal property is listed 
under this Act. The aggregate amount of the seventh and eighth 
items shall be deducted from the aggregate amount of the second, 
third and fourth items of said statement and the amount of the 
remainder, if any, shall be listed as credit. The aggregate amount 
of the ninth item shall be deducted from the aggregate amount 
of the fifth item of such statement and the remainder shall be 
listed as bonds or stocks. [As amended by Act approved May 
15, 1903. In force July 1, 1903. Laws 1903, p. 294. 

PAWN-BROKER. 

36. Who is a pawn-broker. 

36. Who is a pawn-broker.] § 31. Every person or com¬ 
pany engaged in the business of receiving property in pledge 
or as security for money or other thing advanced to the pawner 
or pledger, shall be held to be a pawn-broker, and shall, at the 
time required by this Act, return, under oath, the value of all 
property pledged and held by him, as a pawn-broker, on hand 
on the "first day of May, annually, and taxes shall be charged 
upon the fair cash value of such property to such pawn-broker, 
the same as other property. [See If 307, § 7; If 308, § 8; If 309, § 9. 

LISTING CAPITAL STOCK OF CORPORATIONS AND FRAN¬ 
CHISES OF PERSONS. 

37. Rules for listing and valuing property of certain corporations. 

38 Schedule returned—Forwarded to auditor—State Board of Lquali- 
zation to assess capital stock. 

39. Franchises to be listed and valued. 

37. Rules for listing and valuing property of certain cor- 
porations.] § 32. Bridges, express, ferry, gravel, road, gas, in- 



448 


REVENUE. 


[Div. VIIt. 


surance, mining, plank road, stage, steamboat, street railroad, 
transportation, turnpike and all other companies and associa¬ 
tions incorporated under the laws of this State other than banks 
organized under any special or general law of this State and 
companies and associations organized for purely manufacturing 
and mercantile purposes, or for either of such purposes, or for 
the mining and sale of coal, or for printing or for publishing of 
newspapers, or for the improving and breeding of stock, shall in ad¬ 
dition to the other property required by this Act to be listed, make 
out and deliver to the assessor a sworn statement of the amount 
of its capital stock, setting forth paricularly: 

First —The name and location of the company or association. 

Second —The amount of capital stock authorized, and the num¬ 
ber of shares into which such capital stock is divided. 

Third —The amount of capital stock paid up. 

Fourth —The market value, or if no market value, then the 
actual value of the shares of stock. 

Fifth —The total amount of all indebtedness, except the in¬ 
debtedness for current expenses, excluding from such expenses 
the amount paid for the purchase or improvement of property. 

Sixth —The assessed valuation of all its tangible property. 
Such schedule shall be made in conformity to such instruction 
and forms as may be prescribed by the Auditor of Public Ac¬ 
counts. In all cases of failure or refusal of any person, officer, 
company or association to make such return or statement, it shall 
be the duty of the assessor to make such return or statement 
from the best information which he can obtain. * 1 [As amended 
by Act in force July 1, 1905. Laws 1905, p. 353. 

38. Schedule returned—Forwarded to auditor—State Board 
of Equalization to assess capital stock.] § 33. Such statements 
shall be scheduled by the assessor; and such schedule, with the 
statements so scheduled, shall be returned by the assessor to 


The words “capital stock,” as used in the Act of 1872, do not mean “shares of 
stock,” either separately or in the aggregate, but are intended to designate the 
property of the corporation subject to taxation. Porter et al. R. R. I. & St. L. 
R. R. Co., 76 Ill. R., 661. 

Section 1, Art. IX, of the Constitution, only requires that corporations shall be taxed 
in such manner as the General Assembly shall from time to time direct by general 
law, and the only uniformity required is as to the class upon which such general 
law shall operate. Porter et al. v. R. R. & St. L. R. R. Co., 76 Ill. R., 561. 

The legislature may rightfully provide for taxing the capital stock of corpora¬ 
tions, instead of the shares in the hands of the holders, and require corporations to 
pay such tax, leaving them to deduct the same from the dividends. Ottawa Glass 
Co. v. McCaleb, etc., 81 Ill. R., 556. 

(1) The law requiring the assessor to make and return a schedule, where the 
corporation fails to list its property, is not intended for the benefit of the corporation; 
and the neglect of the local assessor to do his duty, furnishes no excuse for the 
negligence of the officers of a corporation. They should make the proper returns to 
the assessor whether solicited or not and thus they can be heard through such 
officer. If this is not done, they may still be heard, on proper application, before 
the State Board. Pacific Hotel Co. v. Lieb, 83 Ill. R., 602. 




Div. VIII.] 4 . 


STATE AND NATIONAL BANKS. 


449 


the county clerk. Said clerk shall at the time he makes his re¬ 
port of assessment, forward to the auditor all such schedules and 
statements so returned to him. The auditor shall, annually, on 
the meeting of the State Board ot Equalization, lay before said 
board the schedules and statements herein required to be re¬ 
turned to him; and said board shall value and assess the capital 
stock of such companies or associations, in the manner provided 
in this Act. 

39. Franchise to be listed and valued.] § 34. Every per¬ 
son owning or using a franchise granted by any law of this 
State, shall, in addition to his other property, list the same as 
personal property, giving the total value thereof. 2 3 

STATE AND NATIONAL BANKS. (3) 

40. How assessed and taxed. 

41. List of stockholders to be kept, etc. 

42. Shares listed in owner’s name—Tax extended. 

43. How tax on shares collected—Lien. 

44. Dividends to be held for taxes—Shares sold. 

40. How assessed and taxed.] § 35. The stockholders of 
every kind of incorporated bank located within this State, 
whether such bank has been organized under the banking law 
of this State or of the United States shall be assessed and 
taxed upon the value of their shares of stock therein, in the 
county, town, district, village or city where such bank or bank¬ 
ing association is located, and not elsewhere, whether such stock¬ 
holders reside in such place or not. The value of such shares 
of stock for purpose of taxation, shall be ascertained by deduct¬ 
ing from the value of all the shares of the capital stock of such 


(2) A franchise of a corporation is property, and has a value capable of being 
estimated, and is therefore not only liable to be taxed, but under the Constitution 
is required to be in some appropriate mode. Ottawa Glass Co. v. McCaleb, etc., 
81 Ill. R., 556; Porter et al. v. R. R. I. & St. L. R. R. Co., 76 Ill. R., 561. 

(3) A state tax against a shareholder of a national bank, for any year, under 

the law then in force, and voluntarily paid, cannot be recovered back, because the 
assessment under the law, was illegal; the property being subject in some mode to 
taxation. People ex rel. v. Miner, 46 Ill. R., 374; Van Allen v. The Assessors, 3 
Wallace R., 573. Bradley v. State of Illinois, 4 Wallace R., 457. 

Whether the shares of national bank stock are listed for taxation by the indi¬ 
vidual owners, or the capital stock is listed by the bank, a similar valuation and a 
like burden are imposed, and in whichever mode the assessment is made, there is 
no wrong perpetrated and no injustice done. Board of Supervisors of Stephenson 

Co. v. Manny, 54 Ill. R., 160. 

The assessors will ascertain the ownership, number and value of all such shares 
in the stock of banks located in their respective counties and towns, and return 
the same as required by this Act, being governed by all the rules of valuation and 
regulations in other respects provided by law as to the assessment of other property 
not made inapplicable by the terms of this Act, and the clerks will extend taxes 
thereon, and collectors will make collections in accordance with the general revenue 
laws and the provisions of this Act. Circular Auditor Miner, July 1, 1867. 




450 


REVENUE. 


[Div. VIII. 


bank, the fair cash value of the real estate owned by such bank 
or banking association situated in the county in which such 
bank or banking association is located as determined by the as¬ 
sessor. Such shares shall be listed and assessed with regard to 
the ownership and value thereof, as they existed on the first day 
of April, annually, subject, however, to the restriction that tax¬ 
ation of such shares shall not be at a greater rate than is as¬ 
sessed upon any other moneyed capital in the hands of individual 
citizens of this state, in the county, town, district, village or 
city where such bank is located. The shares held in this State 
of capital stock of national banks not located in this State, shall 
not be required to be listed under the provisions of this Act. 
[As amended by Act approved May 15, 1903. In force July 1, 
1903. Laws 1903, p. 295. 

41. List of stockholders to be kept, etc.] § 36. In each 

such bank there shall be kept at all times a full and correct list 
of the names and residences of its stockholders, and of the num¬ 
ber of shares held by each; which list shall be subject to the 
inspection of the officers authorized to assess property for taxa¬ 
tion; and it shall be the duty of the assessor to ascertain and 
report to the county clerk a correct list of the names and resi¬ 
dences of all stockholders in any such bank, with the number and 
assessed value of all such shares held by each stockholder. 

42. Shares listed in names of owners—Tax extended.] § 37. 
The county clerk, to whom such returns are made, shall enter the 
valuation of such shares in the tax lists, in the names of the re¬ 
spective owners of the same, and shall compute and extend taxes 
thereon the same as against the valuation of other property in 
the same locality. 

43. How tax on shares collected—Lien.] § 38. The collec¬ 
tor of taxes, and the officer or officers authorized to receive taxes 
from the collector, may, all or either of them, have an action to 
collect the tax assessed on any share or shares of bank stock 
from the avails of the sale of such share or shares; and the tax 
against such share or shares shall be and remain a lien thereon 
till the payment >f said tax. 

44. Dividends to be held for taxes—Shares sold.] § 39. 

For the purpose of collecting such taxes, it shall be the duty of 
every such bank, or the managing officer or officers thereof, to 
retain so much of any dividend or dividends belonging to such 
stockholders as shall be necessary to pay any taxes levied upon 
their shares of stock, respectively, until it shall be made to ap¬ 
pear to such bank or its officers that such taxes have been paid; 
and any officer of any such bank who shall pay over or author- 



Div. VIII.] 


LISTING PROPERTY OF RAILROADS. 


451 


ize the paying over of any such dividend or dividends, or any 
portion thereof, contrary to the provisions of this section, shall 
thereby become liable for such tax; and if the said tax shall not 
be paid, the collector of taxes where said bank is located shall 
sell said share or shares to pay the same, like other personal 
property. And, in case of sale, the provision of law in regard 
to the transfer of stock when sold on execution, shall apply to 
such sale. 


MANNER OF LISTING AND VALUING THE PROPERTY OF 

RAILROADS. 

45. Schedules—Values on first of May. (See If 308, § 8.) 

46. Time of filing—Form of schedule. 

47. “Railroad track”—Description of. 

48. How “railroad track” listed and taxed. 

49. “Rolling stock”—Schedule. 

50. How “rolling stock” listed and taxed. 

51. Personalty and real estate other than “rolling stock,” etc. 

52. How such other personal and real property to be assessed. 

53. Railroad returns to auditor. 

54. Neglect to return. 

55. Schedules—Board to assess railroad property. 

56. Railroad tax books—Extending and collecting tax. 

57. Description of platted lands. 

45. Schedules—1st May.] §40. Every person, company 
or corporation owning, operating or constructing a railroad in 
this state, shall return sworn lists or schedules of the taxable 
property of such railroad, as hereinafter provided. Such prop¬ 
erty shall be listed and assessed with reference to the amount, 
kind and value on the first day of May, of the year in which it 
is listed. 1 [See If 307, If 309, § 7, § 9, If 355, § 53. 

46. Time of filing schedule—Form of same.] §41. They 
shall, in the month of May of the year 1873, and at the same time 
in each year thereafter when required, make out and file with the 
county clerks of the respective counties in which the railroad 
may be located, a statement or schedule showing the property 
held for right of way, and the length of the main and all side and 
second tracks and turnouts in such county, and in each city, 
town and village in the county, through or into which the road 
may run, and describing each tract of land, other than a city, 
town or village lot, through which the road may run, in accord- 

(1) The road over which a company occasionally runs its trains under a mere 
easement or a license is not any part of its main track so as to subject it to 
assessment for taxation in that county, and where a county illegally assesses and 
collects a tax upon rolling stock of a railroad company, it not being taxable in such 
county by reason of the company only using another road therein under a mere 
easement, the company may bring its action against the county and recover the 
money back. Cook County v. C. B. & Q. R. R. Co., 35 Ill. R., 640. 






452 


REVENUE. 


[Div. VIII. 


ance with the United States surveys, giving the width and 
length of strip of land held in each tract, and the number of 
acres thereof. They shall also state the value of improvements 
and stations located on the right of way. New companies shall 
make such statement in May next after the location of their 
roads. When such statement shall have been once made, it shall 
not be necessary to report the description as hereinbefore re¬ 
quired, unless directed so to do by the county board; but the 
company shall, during the month of May annually, report the 
value of such property, by the description set forth in the next 
section of this Act, and note all additions or changes in such 
right of way as shall have occurred. 1 [See 307, § 7; 309, § 9; 

If 355, § 53. 

47. “Railroad track”—Description of.] § 42. Such right of 
way, including the superstructures of main, side or second track 
and turnouts, and the station and improvements of the railroad 
company on such right of way, shall be held to be real estate 
for the purposes of taxation, and denominated “railroad track,” 
and shall be so listed and valued; and shall be described in the 
assessment thereof as a strip of land extending on each side of 
such railroad track, and embracing the same, together with all 
the stations and improvements thereon, commencing at a point 
where such railroad track crosses the boundary line in entering 
the county, city, town or village, and extending to the point 
where such track crosses the boundary line leaving such county, 
city, town or village, or to the point of termination in the same, 
as the case may be, containing .... acres, more or less (insert¬ 
ing name of county, township, city, town or village boundary 
line of same, and number of acres, and length in feet), and 
when advertised or sold for taxes, no other description shall 
be necessary. 2 

48. How “railroad track” listed and assessed.] §43. The 
value of the “railroad track” shall be listed and taxed in the 
several counties, towns, villages, districts and cities, in the pro¬ 
portion that the length of the main track in such county, town, 
village, district or city bears to the whole length of the road in 
this state, except the value of the side or second track, and all 
turnouts, and all station houses, depots, machine shops, or other 


(1) Railroad track is required to be assessed by the State Board of Equaliza¬ 
tion, but all other real estate of railroad companies, including the stations and other 
buildings and structures thereon, must be assessed by the local assessors. The term 
“right of way” can only be understood as embracing the land used as a way for the 
road, and not such additional ground as may be used for the convenience of the 
railroad, but not a part of its way. 

(2) C. B. & Q. R. R. v. Paddock, et al., 75 Ill. R., 616; People-v. Ill. Cent. R. R. 
Co., 215 Ill., 177; People v. A. T. & S. F. Ry. Co., 206 Ill., 252. 





Div. VIII.] 


LISTING PROPERTY OF RAILROADS. 


453 


buildings belonging to the road, which shall be taxed in the 
county, town, village, district or city in which the same are 
located. 

49. “Rolling stock” — Schedule.] § 44. The movable prop¬ 
erty belonging to a railroad company shall be held to be personal 
property, and denominated, for the purpose of taxation, “rolling 
stock.” Every person, company or corporation owning, con¬ 
structing or operating a railroad in this state, shall, in the month 
of May, annually, return a list or schedule, which shall contain a 
correct detailed inventory of all the rolling stock belonging to 
such company, and which shall distinctly set forth the number 
of locomotives of all classes, passenger cars of all classes, sleep¬ 
ing and dining cars, express cars, baggage cars, horse cars, 
cattle cars, coal cars, platform cars, wrecking cars, pay cars, 


hand cars and all other kinds of cars. [See 307, § 7; 309, § 9; 

II 355, § 53. 


50. How “rolling stock” listed and taxed.] § 45. The roll¬ 
ing stock shall be listed and taxed in the several counties, towns, 
villages, districts and cities, in the proportion that the length 
of the main track used or operated in such county, town, vil¬ 
lage, district or city bears to the whole length of the road used 
or operated by such person, company or corporation, whether 
owned or leased by him or them in whole or in part. Said 
list or schedule shall set forth the number of miles of main track 
on which said rolling stock is used in the state of Illinois, and 
the number of miles of main track on which said rolling stock is 
used elsewhere. 

51. Personality and real estate other than “rolling stock” 
and “railroad track” where listed.] § 46. The tools and ma¬ 
terials for repairs, and all other personal property of any rail¬ 
road except “rolling stock,” shall be listed and assessed in the 
county, town, village, district or city wherever the same may 
be on the first day of April. All real estate, including the stations 
and other buildings and structures thereon, other than that de¬ 
nominated “railroad track,” belonging to any railroad, shall be 
listed as lands or lots, as the case may be, in the county, town, 
village, district or city where the same are located. 

52 How such other personal and real property to be as- 
cccp/i 8 47 The countv clerk shall return to the assessor of 






454 


REVENUE. 


[Div. VIII. 


to the railroad; and such real and personal property shall be as¬ 
sessed by the assessor. Such property shall be treated in all 
respects, in regard to assessment and equalization, the same as 
other similar property belonging to individuals, except that it 
shall be treated as property belonging to railroads, under the 
terms “lands,” “lots,” and “personal property.” [See j[ 307, § 7; 
U 309, §9; |[ 355, §53. 

53. Railroad returns to auditor.] §48. At the same time 
that the lists or schedules are hereinbefore required to be re¬ 
turned to the county clerks, the person, company or corporation 
running, operating or constructing any railroad in this state, 
shall return to the auditor of public accounts sworn statements 
or schedules, as follows: 

First —Of the property denominated “railroad track,” giving 
the length of the main and side or second tracks and turn outs, 
and showing the proportions in each county, and the total in 
the state. 

Second —The “rolling stock,” giving the length of the main 
track in each county, the total in this state, and the entire length 
of the road. 

Third —Showing the number of ties in track per mile, the 
weight of iron or steel per yard, used in main or side tracks; 
what joints or chairs are used in track, the ballasting of road, 
whether graveled or dirt, the number and quality of buildings 
or other structures on “railroad track,” the length of time iron 
in track has been used, and the length of time the road has 
been built. 

Fourth — 1 A statement or schedule showing: 

1. The amount of capital stock authorized, and the num¬ 
ber of shares into which such capital stock is divided. 

2. The amount of capital stock paid up. 

3. The market value, or if no market value, then the actual 
value of the shares of stock. 

4. The total amount of all indebtedness, except for current 
expenses for operating the road. 

5. The total listed valuation of all its tangible property 
in this state. 

Such schedule shall be made in conformity to such instruc¬ 
tions and forms as may be prescribed by the auditor of public 
accounts. 

54. Neglect to return.] §49. If any person, company or 
corporation, owning, operating or constructing any railroad, shall 
neglect to return to the county clerks the statements or schedules 
required to be returned to them, the property so to be returned 
and assessed by the assessor shall be listed and assessed as other 



Div. VIII.] 


TELEGRAPH COMPANIES. 


455 


property. In case of failure to make returns to the auditor, as 
hereinbefore provided, the auditor, with the assistance of the 
county clerks and assessors, when he shall require such assist¬ 
ance, shall ascertain the necessary facts and lay the same before 
the state board of equalization. In case of failure to make such 
statements, either to the county clerk or auditor, such corpora¬ 
tion, company or person shall forfeit, as a penalty, not less than 
$1,000 nor more than $10,000 for each offense, to be recovered 
in any proper form of action, in the name of the People of the 
State of Illinois, and paid into the state treasury. 1 

55. Schedules—Board to assess railroad property.] § 50. 
The auditor shall, annually, on the meeting of the state board 
of equalization, lay before said board the statements and sched¬ 
ules herein required to be returned to him; and said board shall 
assess such property in the manner hereinafter provided. 

56. Railroad tax book—Extending and collecting tax.] §51. 
The county clerk shall procure, at the expense of the county, a 
record book, properly ruled and headed, in which to enter the 
railroad property of all kinds, as listed for taxation, and shall 
enter the valuations as assessed, corrected and equalized, in the 
manner provided by this Act; and against such assessed, cor¬ 
rected or equalized valuation, as the case may require, the county 
clerk shall extend all the taxes thereon for which said property 
is liable. And at the proper time fixed by this Act for delivering 
tax books to the county collector, the clerk shall attach a war¬ 
rant, under his seal of office, and deliver said book to the county 
collector, upon which the said county collector is hereby re¬ 
quired to collect the taxes therein charged against railroad prop¬ 
erty, and pay over and account for the same in the manner pro¬ 
vided in other cases. Said book shall be returned by the col¬ 
lector and be filed in the office of the county clerk for future use. 

57. Description of platted land.] § 52. When any railroad 
company shall make or record a plat of any contiguous lots or 
parcels of land belonging to it, the same may be described as 
designated on such plat. 

TELEGRAPH COMPANIES—RETURN. 

58. Schedule. 

59. Board of equalization to assess—How tax collected. 

60. Office furniture, etc., how listed and assessed. 

58. Schedule.] § 53. Any person, company or corporation, 
using or operati ng a telegraph line in this state, shall, annually, 

(1) C., R. I. & p. Ry. Co. v. People, 217 Ill, 165. 






456 


REVENUE. 


[Div. VIII. 


in the month of May, return to the auditor of public accounts 
a schedule or statement, as follows: 

First —The amount of capital stock authorized, and the num¬ 
ber of shares into which such capital stock is divided. 

Second —The amount of capital stock paid up. 

Third —The market value, or if no market value, then the 
actual value of the shares of stock. 

Fourth —The total amount of all indebtedness, except cur¬ 
rent expenses, for operating the line. 

Fifth —The length of line operated in each county, and the 
total in the state. 

Sixth —The total assessed valuation of all its tangible prop¬ 
erty in this state. 

Such schedule shall be made in conformity to such instruc¬ 
tions and forms as may be prescribed by the auditor of public 
accounts, and with reference to amounts and values on the first 
day of May of the year for which the return is made. [See 
If 308, §8; If 309, §9. 

•59. Board of equalization to assess—How tax collected.] 

^ 54. The auditor shall annually, on the meeting of the state 
board of equalization, lay before said board the statement or 
schedule herein required to be returned to him; and said board 
shall assess the capital stock of such telegraph company, in 
the manner hereinafter provided. The tax charged on the capi¬ 
tal stock of telegraph companies shall be placed in the hands 
of county collectors, in a book provided for that purpose, the 
same as is required for railroad property, and may be included 
in same book with railroad property. 

60. Office furniture, etc., how listed and assessed.] § 55. 

The office furniture and other personal property of telegraph 
companies shall be listed and assessed in the county, town, dis¬ 
trict, village or city where the same is used or kept. 

PENALTY. 


61. For false schedule, etc. 

62. Perjury. 

61. False schedule, etc.] § 56. If any person or corpora¬ 
tion shall give a false or fraudulent list, schedule or statement, 
required by this Act, or shall fail or refuse to deliver to the 
assessor, when called on for that purpose, a list of the taxable 
personal property which he is required to list under this Act, he 
or it shall be liable to a penalty of not less than $10, nor more 
than $2,000, to be recovered in any proper form of action, in 
the name of the people of the State of Illinois, on the complaint 




Div. VIII.] 


REAL PROPERTY—TIME LISTED. 


457 


of any person. Such fine, when collected, to be paid into the 
county treasury. 

62. Perjury.] § 57. Whoever shall willfully make a false 
list, schedule or statement, under oath, shall, in addition to the 
penalty provided in the preceding section, be liable as in the 
case of perjury. 

REAL PROPERTY—AS OF WHAT TIME LISTED—WHO LIABLE 

FOR TAX. 

63. Real property listed May first. 

64. Owner on first of May liable. 

65. Leasehold interest in exempted land. 

66. When certain lands become taxable. 

63. Real property—Listed May 1st.] § 58. All real prop¬ 

erty in this State, subject to taxation under this Act, including 
real estate becoming taxable £or the first time, shall be listed to 
the owners thereof, by such owners, their agents, county clerks 
or assessors, or the county board, and assessed for the year one 
thousand eight hundred and eighty-one, and yearly thereafter, 
with reference to the amount owned on the first day of May, in 
each year, including all property purchased on that day: Provided, 
that no assessment of real estate shall be considered as illegal 
by reason of the same not being listed or assessed in the name 
of the owner or owners thereof. [As amended by Act approved 
June 2, 1881. Laws 1881, p. 133. See Revenue 307, § 7 ; 309, 

§9; If 355, § 53, post. 

64. Owner on 1st May liable.] § 59. The owner of prop¬ 
erty on the first day of May in any year, shall be liable for the 
taxes of that year. The purchaser of property on the first day 
of May shall be considered as the owner on that day. [See 
If 308, § 8; IT 309, §9; H 355, §53. 

65. Leasehold interest in exempted lands.] § 60. When 

real estate, which is exempt from taxation, is leased to another 
whose property is not exempt, and the leasing of which does 
not make the real estate taxable, the leasehold estate and the 
appurtenances shall be listed as the property of the lessee thereof, 
or his assignee, as real estate. [See 307, §7; 309, §9: 

TT 355, §53. . 

66. When certain lands become taxable.] § 61. Govern¬ 
ment lands entered or located on or prior to the first day of 
May, shall be taxable for that year, and annually thereafter. 
School lands and lots sold shall be taxable in like manner as 
government lands. Lands and lots sold by the trustees of the 
Illinois and Michigan Canal shall be taxable from and after the 
time the full payment therefor is made. Illinois Central Rail¬ 
road lands and lots shall be taxable from and after the time the 




458 


REVENUE. 


[Div. VIII. 


last payment becomes due. Swamp lands and lots shall become 
taxable whenever the county sells, conveys or agrees to convey 
its title: Provided, that canal, Illinois Central Railroad and 
swamp lands and lots shall be, in other respects, governed, as 
to the time of becoming taxable, the same as government lands. 
[See Revenue 308, § 8; 309, § 9; j[ 355, § 53, post. 

SUBDIVIDING. 

67. Owner to plat—Record—Description. 

68. Owner neglecting—County clerk to cause plat, etc. 

67. Owner to plat—Record—Description.] §62. In all 
cases where any tract or lot of land is divided in parcels, so that 
it cannot be described without describing it by metes and bounds, 
it shall be the duty of the owner to cause such land to be sur¬ 
veyed and platted into lots. Such plat shall be certified and 
recorded. The description of real estate, in accordance with the 
number and description set forth in the plat, aforesaid, shall be 
deemed a good and valid description of the lot or parcel of land so 
described. 1 

68. Owner neglecting—County clerk to cause plat, etc.] 

§ 63. If the owner of any such tract or lot shall refuse or neg¬ 
lect to cause such survey to be made within thirty (30) days 
after having been notified by the county clerk, by publication of 
a notice in a newspaper in the county, having general circula¬ 
tion, at least three times, said clerk shall cause such survey to be 
made and recorded; and the expenses of the publication of such 
notice and of making such survey shall be added to the tax levied 
on such real property, and when collected, shall be paid on de¬ 
mand to the persons to whom it is due. [As amended by Act 
approved May 31, 1879. In force July 1, 1879. Laws 1879, 
p. 255. 

(1) It is the duty of assessors to assess each tract of land separately, and a 
judgment and order of sale against a tract of land which has not been assessed, 
but which has been assessed in connection with other lands aggregately is erroneous. 
Howe et al. v. The People ex rel., 86 Ill. R., 288. 

The description of property for purposes of taxation should be such that a qual¬ 
ified surveyor can locate it thereby. Sale under a description running “Part of § 12, 
etc.,” without definitely locating such part is void for uncertainty. Opinion Auditor 
Needles, March 12, 1878. 

A misdescription or defective description of a tract of land by an assessor will 
not affect the taxes imposed on other tracts, and the law will not allow a party 
resisting judgment against his property for taxes, to raise an objection which does 
not apply to his property, but does to that of others who do not object. Buck v. 
The People, 78 Ill. R., 560. 

The assessment of a tax upon a “part of a lot” or “one acre of a lot,” without 
quantity or location in the one case or without location in the other is too vague 
and indefinite to authorize a sale of any part or in any place. Massie v. Long, 2 
Ohio R., 287. 

A certain and definite description of each parcel of land or lot should be given. 
It is. necessary to the validitv of a tax sale that the land should appear upon the 
duplicate by a pertinent description, and in the name of the rightful owner, if 
known. If not known, however, the land is still taxed, being entered to an unknown 
owner. The tax attaches upon the land, rather than upon the person: not upon 
the number of entry or survey, but upon the land included in such entry or survey. 
Douglas v. Dangerfield, 14 Ohio R., 522; Massie v. Long, 2 Ohio R., 287. 




Drv. VIII.] 


LISTED BETWEEN TOWNS—COUNTIES. 


459 


HOW LISTED AS BETWEEN COUNTIES. 

69. In two counties. 

69. In two counties.] §64. Any tract of land not exceed¬ 
ing one-sixteenth of a section, shall be listed in the county where 
the greater part thereof is situated. When any such tract of 
land shall be situated equally in two counties, the auditor shall 
determine in which county it shall be listed. If there be several 
tracts similarly situated, the auditor shall apportion them equally 
between the counties as nearly as practicable. County clerks may 
have the actual contents of such tracts lying in their respective 
counties, surveyed, platted and recorded, in the manner pro¬ 
vided for in other cases. 

HOW LISTED AS BETWEEN TOWNS. 

70. In different towns. 

70. In different towns.] § 65. The foregoing rule shall 
apply to lands lying in different towns: Provided, the county 
clerk shall act in said cases instead of the auditor. 

MAKING AND DELIVERY OF ASSESSMENT BOOKS AND BLANKS. 

71. How books to be made. 

72. Books to be by townships—When separate books for cities, etc. 

73. Lists compared. 

74. Books ready by first May. 

75. Assessors to call for books. 

76. Other lands. 

71. How books to be made.] § 66. The county clerk shall 
make up for the several towns or districts in his county, in 
books to be provided for that purpose, the lists of lands and lots 
to be assessed for taxes. When a whole section, half section, 
quarter section or half quarter section belongs to one owner, it 
shall, at the request of the owner, or his agent, be listed as one 
tract; and when all lots in the same block belong to one owner, 
they shall, at the request of the owner, or his agent, be listed as 
a block. When several adjoining lots in the same block belong 
to the same owner, they shall, at the request of the owner or his 
agent, be included in one description: Provided, that when any 
tract or parcel of real estate is situated in more than one town, 
or in more than one school, road or other district, or is situated and 
assessed in any drainage district, for drainage purposes, the portion 
thereof in each town or district shall be listed separately; and the 
lands in any drainage district shall be listed corresponding, as 
near as may be, to the respective subdivisions and descriptions 
in the latest assessment roll of such drainage district. Said clerk 



460 


REVENUE. 


[Div. VIL 


shall enter in the proper column, opposite the respective tracts 
or lots, the name of the owner thereof so far as he shall be able 
to ascertain the same. Said books shall contain columns in which 
may be shown the number of acres or lots improved, and the 
value thereof; the number of acres or lots not improved, and 
the value thereof; the total value and such other columns as may 
be required. [As amended by Act approved and in force June 26, 
1885. [See Revenue 310, § 10, post. 

72. Books to be by townships—When separate books for 
cities, etc.] §67. The books for the assessment of property in 
counties not under township organization, shall be made up by 
congressional townships, but parts of fractional townships, less 
than full townships, may be added to full townships, at the dis¬ 
cretion of the county board. In counties under township organ¬ 
ization, said books shall be made to correspond with the organ¬ 
ized townships. Separate books shall be made for the assess¬ 
ment of property and the collection of all taxes and special as¬ 
sessments thereon, within the corporate limits of cities, towns 
and villages, if ordered by the county board. [See Revenue 
U 310, §10.. 

73. Lists compared.] §68. The county clerk shall cause 
such lists to be carefully compared with the list of taxable real 
property on file in his office. [See Revenue |[ 310, § 10, post. 

74. Books ready by 1st May.] § 69. The county clerk shall 
cause such assessment books, and all blanks necessary to be used 
by the assessor in the assessment of real or personal property, 
to be in readiness for delivery to the assessor on or before the 
first day of May, in each year. [As amended by Act approved 
June 2, 1881. In force July 1, 1881. Laws 1881, p. 133. [See 
Revenue, |[ 310, § 10, post. 

75. Assessors to call for books.] § 70. It shall be the duty 
of each county, town or district assessor to call on the county 
clerk on or before the first day of May, in each year and receive 
the necessary books and blanks for the assessment of property, 
and the failure of any assessor to do so shall be deemed suffi¬ 
cient cause to declare his office vacant and for the appointment 
of a successor. [As amended by Act approved June 2, 1881. In 
force July 1, 1881. Laws 1881, p. 133. See Revenue 311, § 11, 
post. 

76. Other lands.] § 71. If, after the delivery of such books 
to the assessor in any year, the clerk shall receive an abstract 
showing the entry of any lands or lots not contained in such 
books, it shall be his duty to furnish a list of the same to the 
proper assessor within five days after such abstract is received. 




Div. VIII.] 


APPOINTMENT OF ASSESSORS—OATH. 


461 


APPOINTMENT OF ASSESSORS AND DEPUTY ASSESSORS. 

77. In counties not under township organization. 

78. Deputies. 

77. In counties not under township organization.] § 72. 

Until provision is made by law for the election of the county as¬ 
sessor in counties not under township organization the county 
board, in said counties, shall, annually, appoint some suitable and 
competent person as county assessor, and the person so ap¬ 
pointed shall hold his office for one year, subject, however, to all 
the fines, penalties, and removal from office, provided for in this 
Act. A vacancy from any cause, in the office of assessor, shall 
be filled by appointment by said board. [By Act approved May 
2, 1873, the treasurer is made ex officio collector. See “Election,” 
H 24, § 1, post. 

78. Deputies.] § 73. If any assessor, for any cause what¬ 
ever, shall be unable to perform the duties required of him, 
within the time designated by law, he may, by and with the 
advice and consent of the chairman of the county board, or 
of town auditors, as the case may require, appoint one or more 
suitable persons to act as deputies to assist him in making the 
assessment, and may designate the district, or portion of the 
township, county, city, village or town in which such deputy or 
deputies are authorized to list and assess property. Such deputy 
assessors shall make their returns to the assessors. [See Reve¬ 
nue ][301, § 1; If 306, §6. 

OATH AND DUTIES OF ASSESSORS—ASSESSMENT OF REAL 
AND PERSONAL PROPERTY. 

79. Oath. 

80. Failure to take oath—Vacancy. 

81. How and when real estate assessed. 

82. Other lands added. 

83. How personal property assessed. 

84. When owner, etc., sick or absent. 

85. Examination under oath—Witness. 

86. School district to be designated. 

87. When property in several districts. 

88. When assessor to fix value. 

89. Owner may require list of valuation. 

90. Assessor to use forms. 

79. Oath.] § 74. Every assessor or deputy assessor, before 
entering upon the duties of his office, shall take and subscribe 
the oath required by the constitution. 1 [See Revenue If 304, §4. 

(1) The fact that an assessor was not sworn by the proper officer, will afford 
no ground for refusing judgment for the collection of the delinquent taxes. Sullivan 
v. State of Illinois, 66 Ill. R., 75. 

Van Dusen v. The People, 78 Ill., 645; Board of Supervisors of Du Page Co. 
v. Jenks, 65 Ill. R., 275. 





402 


REVENUE. 


[Div. VIII. 


80. Failure to take oath—Vacancy.] § 75. If any assessor 
shall fail to take the oath required by this Act, his office shall 
become vacant; and in such case, or in case the office of assessor 
is vacant for any cause, the county board or town board, as the 
case may be, shall fill the vacancy by the appointment of some 
suitable person, who shall qualify and discharge the duties of 
such assessor till the office is otherwise filled, as required by 
law. [See Revenue ft 304, § 4, post. 

81. How and when real estate assessed.] § 76. Assessors 

shall, between the first day of May and the first day of July of 
each year, actually view and determine, as nearly as practicable, 
the fair cash value of each tract or lot of land listed for taxation, 
and set down in proper columns, in the book furnished him, the 
value of each tract or lot improved, the value of each tract or lot 
not improved, and the total value. He shall also set down, in 
separate columns, the number of acres in wheat, corn, oats, 
meadow, and other field products, in inclosed pastures, orchards 
and woodlands, whether inclosed or not, in that year. [As 
amended by Act approved June 2, 1881. In force July 1, 1881. 
Laws 1881, p. 134. See Revenue 312, §12; 314, §14, post. 

82. Other lands added.] § 77. If the assessor finds that 
any real estate subject to taxation, or special assessment, has 
not been returned to him by the clerk, or if returned, has not 
been described in the subdivisions, or manner required by sec¬ 
tion sixty-six (66) of this Act, he shall correct the return of the 
clerk; and shall list and assess such property, in the manner re¬ 
quired by law. [As amended by Act approved and in force 
June 26, 1885. [See Revenue 310, § 10, post. 

83. How personal property assessed.] § 78. The assessor 
or his deputy shall, also, between the first day of May and July 


(1) Assessors, In judging of the value of property, act judicially; and although 
they may err and assess it too high, this of itself, will give a court of equity no 
jurisdiction to interfere and restrain the collection of the tax. Porter et al. v. R 
R. I. & St. L. R. R. Co., 76 Ill. R., 561. 

Where an officer is invested with power to make an assessment of property for 
taxation, and exercises such power, the assessment will be presumed to be valid 
until it is shown to be void. Munson v. Miller, 66 Ill. R., 380 


If property is valued at too great a sum, or more in proportion to other prop¬ 
erty, in the absence of fraud, or want of power, the courts can afford no relief against 
the over valuation. Ottawa Glass Co. v. McCaleb, etc., 81 Ill. R., 557. 

The courts have no power to revise the assessment of propertv made by the 
assessor, or set aside or change any value made by him, when his judgment has been 
honestly exercised and the assessment has been made on a right basis Spencer v 
The People, 68 Ill. R., 510. * 


Failure to assess a part will not vitiate taxes on property assessed. Dunham v 
Citv of Chicago. 55 Ill. R.. 357; Peck v. City of Chicago, 56 Ill. R 283- WriaM 7 
City of Chicago, 56 Ill. R., 284. ’ d " rlght v - 

When an assessor acts with a fraudulent purpose, to the iniurv of a tax naver 
the latter may be relieved, as fraud vitiates all acts. Republic Life Ins CoL v 
Pollack et al., 75 Ill. R., 295. p 116 lns> ^°* v ' 





Div. VIII.] 


APPOINTMENT OF ASSESSORS—OATH. 


4G3 


proceed to take a list of the taxable personal property in his 
county, town or district, and assess the value thereof in the 
manner following, to-wit: He shall call at the office, place of 
doing business, or residence of each person required by this Act 
to list property, and list his name, and shall require such person 
to make a correct statement of his taxable property, in accord¬ 
ance with the provisions of this Act; and the person listing the 
property shall enter a true and correct statement of such prop¬ 
erty, in the form prescribed by this Act, which shall be signed 
and sworn to, to the extent required by this Act, by the person 
listing the property, and delivered to the assessor; and the as¬ 
sessor shall thereupon assess the value of such property, and 
enter the same in his book: Provided, if any property is listed 
or assessed on or after the first day of July, and before the return 
of the assessor’s books, the same shall be as legal and binding 
as if listed and assessed before that time. 1 [See Revenue If 315, 
§ 15; U 3i8, § 18, post. 

84. When owner, etc., sick or absent.] § 79. If any per¬ 
son required by this Act to list property shall be sick or absent 
when the assessor calls for a list of his property, the assessor 
shall leave at the office or usual place of residence or business 
of such person a written or printed notice, requiring such per¬ 
son to make out and leave at the place named by said assessor, 
on or before some convenient day named therein, the statement 
or schedule required by this Act. The date of leaving such notice, 
and the name of the person required to list the property, shall 
be carefully noted by the assessor in a book to be kept for that 
purpose. 

85. Examination under oath—Witness.] § 80. The assessor 
may examine, on oath, any person whom he may suppose to 
have knowledge of the amount or value of the personal property 
which the person so refusing is required to list. The assessor 
may take any proper form of action to compel the attendance of 
a witness. 

86. School district to be designated.] § 81. It shall be the 

duty of assessors, when making assessments of personal prop¬ 
el) The omission of the assessor to call on persons for a list of their taxable 
property, affords no ground for restraining the collection of the tax. DuPage County 
v. Jenks, 65 Ill. R., 275. 

The assessor has no power after he has accepted from the owner a list and 
valuation of his property, arbitrarily and without notice to the owner, to alter the 
assessment and materially increase the valuation of his property. First National 
Bank v. Cook et al., 77 Ill. R., 622. 

In the absence of proof to the contrary, It will be presumed that an assessment 
of property for taxation has been properly made, and the tax levied is just and 
proper, and this especially where no complaint by the party assessed has been 
made to the township board of review, or to the county board. Beers et al. v. The 
People ex rel., 83 Ill R., 488. 





464 


REVENUE. 


[Div. VIII. 


erty, to designate the number of school district or districts in 
which each person assessed is liable for tax; which designation 
shall be made by writing the number of the district opposite each 
assessment, in a column provided for that purpose in the assess¬ 
ment book. 

87. When property in several districts.] § 82. When the 

personal property of any person is assessable in several school 
districts, the amount in each shall be assessed separately, and 
the name of the owner placed opposite each amount. [See j[ 24, 
§ 23, ante. 

88. When assessor to fix value.] § 83. In all cases of fail¬ 
ure to obtain a statement of personal property, from any cause, it 
shall be the duty of the assessor to ascertain the amount and 
value of such property, and assess the same as he believes to be 
the fair amount and value thereof. [See ][ 27, § 26, ante. 

89. Owner may require list of valuation.] § 84. The as¬ 
sessor, when requested, shall deliver to the person assessed a 
copy of the statement of property hereinbefore required, showing 
the valuations of the assessor of the property so listed; which 
copy shall be signed by the assessor. [See 327, §27, Revenue 
Act, post. 

90. Assessor to use forms.] § 85. Assessors, in the execu¬ 
tion of their duties, shall use the forms and pursue the instruc¬ 
tions which shall, fiom time to time, be transmitted to them 
by the auditor, or that may be furnished to them by the county 
clerk (supervisor of assessments) or other officer, in pursuance 
of law. [See 302, § 2. 

REVIEW OF ASSESSMENT BY TOWN BOARD, IN COUNTIES 
UNDER TOWNSHIP ORGANIZATION. 

91. Review of assessment—Time—Proceedings. 

92. Notice of meeting. 

93. Failure, not to vitiate, except, etc. 

91. Review of assessment — Time—Proceedings.] § 86. In 

counties under township organization the assessor, clerk and 
supervisor of the town shall meet on the fourth Monday of June 
for the purpose of revising the assessment of property in such 
town. And on the application of any person considering himself 
aggrieved or who shall complain that the property of another is 
assessed too low, they shall revise the assessment and correct 
the same as shall appear to them just. No complaint that an¬ 
other is assessed too low shall be acted upon until the person 
so assessed or his agent shall be notified in writing of such com¬ 
plaint of a resident of the county. 



Dw. VIII.] RETURN OF ASSESSOR TO COUNTY CLERK. 


465 


Any two of such officers meeting are authorized to act, and 
they may adjourn from day to day upon notifying those present 
of the date to which they adjourn until they shall have finished 
the hearing of all cases presented to them. 

Property assessed after the fourth Monday of June, and all 
other property whereof the owner or his agent has made ap¬ 
plication to the town board to have the assessment on the same 
revised as provided by this section, and has given notice in 
writing to said board that he will appeal from its decision to 
the county board shall be subject to complaint to the county 
board and the county board shall revise and correct the assess¬ 
ment upon the same upon application of the owner or his agent, 
as provided by section 97 of this Act, and if it shall appear that 
the same has been assessed higher in proportion than other lands 
in the same nieghborhood, the county board shall revise and 
correct the same and make such reduction in said assessment 
as shall be just and right. [As amended by Act approved June 
17, 1891. In force July 1, 1891. Laws 1891, p. 187. See Reve¬ 
nue, If 323, §23; If 344, §44, post. 

92. Notice of meeting.] § 87. The assessor shall cause at 

least ten days’ previous notice of the time and place of such meet¬ 
ing, to be given by posting notices in at least three public places 
in such town. [See Revenue, |f 323, § 23; 344, § 44, post. 

93. Failure not to vitiate, except, etc..] § 88. The failure 
to give such notice or hold said meeting shall not vitiate such 
assessment, except as to the excess of valuation or tax thereon 
shown to be unjustly made or levied. [See Revenue, ]f 197, 
§ 191; If 286, § 280; j[ 289, § 283, post. 

RETURN OF ASSESSOR TO COUNTY CLERK. 

94. Assessor to add columns—Tabular statements. 

95. Return. 

96. Schedules and statements delivered, etc. 

97. Books delivered to town clerk—Review of assessment. 

94. Assessor to add columns—tabular statements.] §89. 
The assessor shall add up and note the aggregate of each column 


The courts are powerless to revise an assessment or change or set aside a valua¬ 
tion of property made by an assessor, or by the boards authorized by law to review 
the same, where the assessment has been honestly made on property subject to tax¬ 
ation and on the proper basis. Such assessment cannot be impeached or set aside, 
except for fraud or want of jurisdiction of the property. 122 Ill. R., 297. 

Where a deputy assessor views the property and sets down in the proper column 
its fair cash value as determined by him, it can make no difference that he supposed 
his work was subject to review by someone else, or that his assessment would be 
reduced in amount, and his statement to the owners that reduction would be made 
affords no valid reason for their not appearing before the board of review and 
seeking a reduction of the valuation. Ibid. 297. 

The law requires that all taxable property be assessed at its fair cash value, 
and the fact that some property may be assessed at only one-third that value will 
not render invalid an assessment of other property as its cash value. Ibid. 297. 






466 


REVENUE. 


[Div. VIII. 


in his assessment books of real and personal property, and shall 
also add in each book, under proper headings, a tabular state¬ 
ment, showing the footings of the several columns upon each 
page; and shall add up and set down, under the respective head¬ 
ings, the totals of the several columns. When an assessor re¬ 
turns several assessment books of real or personal property, he 
shall, in addition, to the tabular statements herein required, re¬ 
turn a statement in like form showing the totals of all the books. 
[As amended by Act approved June 2, 1881. In force July 1, 
1881. Laws 1881, p. 134. 

95. Return—Form.] § 90. The assessor shall, on or before 
the first day of July of the year for which the assessment is made, 
return his assessment books to the county clerk, verified by his 
affidavit, substantially in the following form 4 

State of Illinois, 1 „ 

-- County, ) s * 

I, -, assessor of -, do solemnly swear that the book 

to which this is attached contains a. correct and full list of all the real 
property (or “personal property,” as the case may be), subject to taxa¬ 
tion in, -, so far as I have been able to ascertain the same; and that 

the assessed value set down in the proper column opposite the several 
kinds and descriptions of property is, in each case, the fair cash value 
of such property, to the best of my knowledge and belief, (where the 
assessment has been corrected by a town board, “except as corrected by 
the town board,”) and that the footings of the several columns in said 
book, and tabular statement returned herewith, are correct, as I verily 
believe. 

[As amended by Act approved June 2, 1881. In force July 
1, 1881. Laws 1881, p. 134. See Revenue, 321, § 21; 328, § 28, 
post. 

96. Schedules and statements delivered, etc.] §91. The 
assessor shall at the same time deliver to the county clerk all 
the schedules and statements of personal property which shall 
have been received by him, indorsed with the name of the per¬ 
son whose property is listed, and arranged in alphabetical order; 
and the clerk shall preserve the same in his office for two years 
thereafter. 1 2 [See Revenue, 328, § 28. 

97. Books delivered to town clerk—Review of assessment.] 
§ 92. The several assessment books shall be filed in the office 
of the county clerk, and there remain open to the inspection of 

(1) A failure of a town assessor to make return of the assessment books to the 
county clerk, on or before the first of July, of the year when the assessment was 
made will not render the assessment invalid. Purrington et al. v. The People ex rel. 
79 Ill. R., 11; Enright v. The People ex rel., 79 Ill. R., 214. See post, fl 286, § 280. 

(2) The lists under the above provision cannot lawfully be returned to the town 
clerk, even if so required by the town authorities. If they are so returned and filed 
by the town clerk, he cannot recover therefor for filing them. No obligation is 
thereby imposed on the town. Town of Charlestown v. McCrory, 36 Ill. R., 456. 








Div. VII 1.1 


PAY OF ASSESSORS—DUTIES OF CLERK. 


4G7 


all persons: Provided, that the county clerk shall, in the month 
of April, deliver to the town clerks of the several towns in the 
county, the assessment books of their respective towns for the 
previous year, such books to be returned by the town clerks to 
the county clerk’s office before the first of July of the same year. 
[As amended by Act approved June 2, 1881. In force July 1, 
1881. Laws 1881, p. 134. See Revenue, If 321, §21; 328, §28. 

PAY OF ASSESSORS AND DEPUTY ASSESSORS. 

98. Compensation of assessors. 

99. Detailed account of time, etc. 

98. Compensation of assessors.] § 93. The pay of as¬ 
sessors and deputy assessors shall, from time to time, in coun¬ 
ties not under township organization be determined and fixed 
by the county board, and in counties under township organiza¬ 
tion, by the town board of auditors. Such pay shall be for the 
time necessarily employed in making the assessment, to be paid 
county assessors and their deputies out of the county treasury, 
and town assessors and their deputies out of the town treasury. 
[See Revenue, 302, §2, post; Township Organization Act, 
If 144, § 1, ante. 

99. Detailed account of time, etc.] §94. Assessors and 
deputy assessors shall make out their accounts in detail, giving 
the date of each day which they shall have been employed, which 
account they shall verify under oath. The .assessor shall not be 
entitled to compensation until he shall have filed the lists, sched¬ 
ules, statements and books appertaining to the assessment of 
property for such year, in the office of the county clerk—the 
books to be accurately made and added up. An assessor or 
deputy assessor shall not be entitled to pay unless he has per¬ 
formed the labor and made return in strict compliance with law. 

DUTIES OF CLERK ON RETURN OF ASSESSMENT BOOKS. 

100. Clerk to correct errors, etc. 

101. Further corrections. 

100. Clerk to correct errors, etc.] §95. The clerk, upon 
receipt of the assessment books of real property, shall correct 
all errors of whatsoever kind which he may discover, and add 
the name of the owner, if known, when the same does not already 
appear, and the description of all real property which has been 
omitted by the assessor, and is liable to taxation. [See Revenue, 
If 282, § 276, post. 

101. Further corrections.] § 96. If the assessor has listed 
and assessed any real property not returned by the auditor to the 




468 


REVENUE. 


[Div. VIII. 


clerk, the clerk shall immediately advise the auditor thereof, who 
shall ascertain if the same is taxable, and advise the clerk. If 
taxable, the clerk shall enter the same in the list of taxable prop¬ 
erty in his office; if not, he shall correct the assessment books. 

EQUALIZATION OF ASSESSMENTS BY THE COUNTY BOARD. 

102. At July meeting. 

103. County board may complete equalization at subsequent meeting. 

102. At July meeting.] § 97. The county board, at a meet¬ 
ing to be held for the purpose contemplated in this section, on 
the second Monday in July, annually, after the return of the as¬ 
sessment books, shall— 

First —Assess all such lands or lots as have been listed by 
the county clerk, and not assessed by the assessor. Said board 
may make such alterations in the descriptions of real property 
as it shall deem necessary. 

Second —On the application of any person considering him¬ 
self aggrieved or who shall complain that the property of another 
is assessed too low, they shall review the assessment and cor¬ 
rect the same as shall appear to be just. No complaint that an¬ 
other is assessed too low shall be acted upon until the person so 
assessed or his agent shall be notified of such complaint, if a 
resident of the county. 

Third —To hear and determine the application of any per¬ 
son who is assessed on property claimed to be exempt from taxa¬ 
tion. If the board shall decide that any such property is not 
liable to taxation, and the question as to the liability of such 
property to taxation has not been previously determined, as 
hereinafter provided, the decision of said board shall not be final, 
unless approved by the Auditor of Public Accounts; and it shall 
be the duty of the county clerk, in all such cases, to make out and 
forward to the auditor a full and complete statement of all the facts 
in the case. If the auditor is satisfied that such property is not 
legally liable to taxation, he shall notify the clerk of his approval 
of the decision of the board, and the said clerk shall correct the 
assessment accordingly. But if the auditor is satisfied that such 
property is liable to taxation, he shall advise the clerk of his 
objection to the decision of the board, and give notice to said 
clerk that he will apply to the Supreme Court in either division, 
specifying at what term thereof, for an order to set aside and reverse 
the decision of the county board. Upon the receipt of such 
notice, the clerk shall notify the person making the application 
aforesaid. It shall be the duty of the auditor to file in the Su¬ 
preme Court a certified statement of the facts, certified by the 
clerk, as aforesaid, together with his objections thereto, and the 



Div. VIII.] 


EQUALIZATION OF ASSESSMENTS. 


469 


court shall hear and determine the matter as the right of the 
case may be. If the board shall decide that property so claimed 
to be exempt is liable to be taxed, and the party aggrieved shall 
at the time pray an appeal, a brief statement in the case shall be 
made by the clerk, and transmitted to the auditor, who shall 
present the case to the Supreme Court in like manner as here¬ 
inbefore provided. In either case, the collection of the tax shall 
not be delayed thereby, but in case the property is decided to be 
exempt, the tax shall be abated or refunded. 

Fourth —It shall ascertain whether the valuations in one 
town or district bear just relation to all the towns or districts in 
the county; and may increase or diminish the aggregate valuation 
of property in any town or district, by adding or deducting such 
sum upon the hundred as may be necessary to produce a just 
relation between all the valuations of property in the county, 
but shall, in no instance, reduce the aggregate valuation of all 
the towns or districts, below the aggregate valuation thereof, as 
made by the assessors; neither shall it increase the aggregate 
valuation of all the towns or districts, except in such an amount 
as may be actually necessary and incidental to a proper and just 
equalization. It may consider lands, town or city lots, personal 
property, and railroad property (except “railroad track” and 
“rolling stock,”) separately, and determine a separate rate per 
cent, of addition or reduction for each of said classes of property, 
as may be necessary to a just equalization of the assessed value 
of said classes of property within the respective towns, and of the 
same between the several towns or districts in the county. If 
the county board of any county shall find the aggregate assess¬ 
ment of the county is too high or too low, or is generally so un¬ 
equal as to render it impracticable to equalize such assessment 
fairly, they may set aside the assessment of the whole county 
or of any township or townships therein, and order a new assess¬ 
ment, with instructions to the assessors to increase or diminish 
the aggregate assessment of such county or township, as the 
case may be, by such an amount as said board may deem right 
and just in the premises, and consistent with this Act. 1 [See 
Revenue, 330, § 30; 344, § 44, post. 

103. County board may complete equalization at subsequent 
meeting. 1 § 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly: That in any case where 
the county board of any county shall have failed to complete the 
equalization of assessments, as returned, for any year, at the 
meeting held on the second Monday in July, or shall have failed 

(1) First National Bank of Shawneetown v. Cook et al., 77 Ill., 622; Adsit v. 
Lleb, 76 Ill., 198. 





470 


REVENUE. 


[Div. VIII. 


to act upon a complaint that another is assessed too low at such 
a meeting, the equalization of such assessment, or action upon 
such complaint by the county board at any subsequent meeting 
thereof, is hereby declared legal and valid, and the taxes extended 
thereon shall be and remain a lien on the property against which 
they are extended, to the same extent as if such equalization and 
action upon complaint had been had and taken on the second 
Monday in July. 

Whereas, In some of the counties of this State, it was impos¬ 
sible to equalize all the assessments and act upon the com¬ 
plaints of low assessment at the meeting heretofore designated 
by law, and therefore an emergency exists to legalize equaliza¬ 
tions heretofore made; this Act shall take effect and be in force 
from and after its passage. [See Revenue, TJ 330, §30; 344, 

§ 44, post. 

REPORT OF ASSESSMENT BY THE CLERK TO THE AUDITOR 
FOR EQUALIZATION. 

104. Clerk’s report to auditor. 

105. When assessments not all in. 

104. Clerk’s report to auditor.] §98. On or before the 
tenth day of July, annually, it shall be the duty of the county 
clerks, upon the receipt of the assessment books, to make out and 
transmit to the auditor an abstract of the assessment of prop¬ 
erty, showing the number, value and average value of each kind 
of enumerated property as shown by the assessment; the value 
of each item of unenumerated property, and total value of per¬ 
sonal property; the length of main track, the length of side 
track, and the numbers, values and average values of each sep¬ 
arate item of railroad property; the number of acres, value and 
average value of improved lands; the number of acres, value and 
average value of unimproved lands; the total number of acres, 
total value and average value, per acre, of all lands; the number, 
value and average value of improved town and city lots ; the num¬ 
ber, value and average value of unimproved town and city lots; 
the total number of lots, total value and average value of all lots, 
and the total value of all property; the number of acres in culti¬ 
vation of wheat, corn, oats, meadow, and other field products, in 
inclosed pasture, orchards and woodland, whether inclosed or not 
in that year. Said abstracts shall be made out on blanks, which 
it shall be the duty of the auditor to furnish the county clerks 
for that purpose. The values to be given in said abstract shall 
be the assessed valuations, except in the case of railroad property, 
denominated “railroad track” and “rolling stock,” the value of 
which shall be given as returned by the railroad company to the 



Div. VIII.] 


STATE BOARD OF EQUALIZATION. 


471 


county clerk. The county clerk shall, at the same time and ac¬ 
companying said abstract, furnish a detailed statement of the 
railroad property denominated “railroad track” and “rolling 
stock,” reported by each road located in or through their counties. 
If there are any roads so located that have not made their reports 
as required by this Act, the clerk shall report the fact, giving the 
name of such railroad. [As amended by Act approved June 2, 
1881. In force July 1, 1881. Laws 1881, p. 135. See Revenue, 
347, § 47, post. 

105. When assessments not all in.] §99. It shall be the 
duty of the county clerks, in case of failure of any assessor to 
make return of assessment within the time specified in this Act, 
to transmit a statement of the assessment in all the towns or dis¬ 
tricts from which returns have been received, together with a 
statement of the amount of taxable property assessed in the de¬ 
faulting towns or districts for the previous year. 


STATE BOARD OF EQUALIZATION. 


106. Members. 

107. Election—Term of office—Vacancy. 

108. Oath. 

109. Chairman—Secretary—Employes. 

110. Duties of secretary. 

111. Annual meeting of board. 

112. Property to be classified. 

113. Rule for equalizing personal property. 

114. Board to assess capital stock of corporations, except, etc.—Ex¬ 

tension of tax. 

115. Board to assess “railroad track” and “rolling stock”—etc. 

116. Capital stock of railroads and telegraphs—distribution of value, etc. 

117. Lands, how equalized. 

118. Combined table—Final examination. 

119. Failure to return assessments. 

120. When equalization complete. 

121. Proceedings of board published, etc. 

122. Rooms, fuel, etc.—Compensation. 


106. Members.] § 100. The State Board of Equalization 
shall, at the expiration of the term of office of the members now 
forming said board, consist of one member from each congres¬ 
sional district in the state, elected as hereinafter provided, and the 


auditor of public accounts. 


The constitutional provision which requires the value of personal property 
for taxation “to be ascertained by some person or persons to be elected or appointed 
in such manner as the General Assembly may direct and not otherwise,” does not 
nrohibit it from creating a State Board of Equalization and investing it with power 
to equalize the assessment of the different counties, for the purpose of producing 
uniformity in the valuation. Adsit v. Lieb, 76 Ill. R., 198. , . __ .. • 

No constitutional mandate is violated in making the State Board of Equalization 
the Scclusfve judges o?the value of any and all property. Pacific Hotel Co. v. Lieb. 

Ct ^he^increa^e or° reduction, determined by the State Board of Equalization to be 





472 


REVENUE. 


[Div. VIII. 


107. Election—Term of office—Vacancy.] § 101. The 

qualified electors of each congressional district shall, at the 
general election in November, 1872, and every four years there¬ 
after, elect one of their number to serve as a member of said 
Board of Equalization, who shall hold his office for four years, 
and until his successor is elected and qualified. The returns of 
the poll-books and certificates of election shall be governed by 
the laws regulating the election of members of congress; and 
in case of vacancy occurring in said board by death, resignation 
or otherwise, it shall be the duty of the governor to appoint some 
person (having the qualifications of an elector in the district in 
which such vacancy occurs) to fill the same until the next regu¬ 
lar election for members of said board. [See 28 §25, “Elec¬ 
tions,” post. 

108. Oath.] § 102. Each member of said board, before 
entering upon the duties of his office, shall take the oath (or 
affirmation) prescribed by the constitution of this State. 

109. Chairman—Secretary—Employes.] § 103. At the first 
meeting of said board, quadrennially, it shall organize by select¬ 
ing one of its members as chairman, and appointing a secretary; 
and may, from time to time, select such employes as may be 
deemed necessary. The secretary shall take the oath prescribed 
by the Constitution. 

110. Duties of secretary.] § 104. It shall be the duty of 
the secretary of said board, under the direction of the auditor of 
public accounts, to compile the abstracts of assessments received 
from the county clerks into tabular statements, convenient for the 
use of the board; which statements and the original abstracts 
shall be submitted to the board on the first day of its session in 
each year, or as soon thereafter as the board is organized. The 
secretary shall perform such duties in vacation as shall be as¬ 
signed to him by the board. 

made on the assessment of property in any county, should be extended on the valua¬ 
tion as equalized by the board of supervisors. As to moneys and credits, it is con¬ 
sidered that they are affected in precisely the same way, and to the same extent as 
other property by the action of the State board. Opinion Auditor Miner, Oct. 3, 1867. 

The equalization law intends that the rate of deduction or addition determined 
by the State Board of Equalization, shall be applied to the assessed value of property 
in the counties, after all the corrections and equalizations have been made by the 
county authorities. The law does not require any county, town or individual to 
pay a specific amount as tax; the requirement is (and no other would be constitu¬ 
tional) that each person and corporation “shall pay a tax in proportion to the 
value of his or her property,” and certain rates of tax are imposed on the valuation 
of all property, as assessed, corrected, and equalized. Opinion Auditor Miner, Nov. 

, 13, 1868. 

The State Board of Equalization, in assessing property of corporations, does not 
act as a board of review, as in respect to other kinds of property, but as an 
original assessor. Pacific Hotel Co, y, I4eb, et al., 83 Ill., R., 602. 




Div. VIII.] STATE BOARD OF EQUALIZATION. 


473 


111. Annual meeting of board.] § 105. Said board shall 
assemble at the State Capital on the second Tuesday in the 
month of August, annually, and examine the abstracts of property 
assessed for taxation in the several counties of this State, as 
returned to the auditor, and shall equalize the assessments as 
hereinafter provided: but said board shall not reduce the aggre¬ 
gate assessed valuation in the State; neither shall it increase said 
a gg re g ate valuation, except in such an amount as may be reason¬ 
ably necessary to a just equalization, and not exceeding one per 
cent, on such aggregate assessed valuation; but this rule shall 
not apply to railroad property. 1 [Modified by Revenue Act of 
1898. See fl 352, § 50; If 353, § 51; If 355, § 53, post. 

112. Property to be classified.] § 106. Said board in equal¬ 
izing the valuation of property as listed and assessed in the 
different counties, shall consider the following classes of prop¬ 
erty separately, viz: personal property, railroad and telegraph 
property, lands, and town and city lots; and, upon such con¬ 
sideration, determine such rates of addition to or deduction from 
the listed or assessed valuation of each of said classes of property 
in each county, or to or from the aggregate assessed value of each 
of said classes in the State, as may be deemed by the board to be 
equitable and just—such rates being in all cases even and not 
fractional; and such rates, as finally determined by said board, 
shall not be combined. 

113. Rule for equalizing personal property.] § 107. In 
equalizing the value of personal property between the several 
counties, said board shall cause to be obtained the State averages 
of the several kinds of enumerated property, from the aggregate 
footings of the number and value of each; and the value of the 
several kinds of enumerated property in each county shall be 
obtained at those average values; and the value of enumerated 
property thus obtained, as compared with the assessed value of 
such property in each county, shall be taken by said board to ob¬ 
tain a rate per cent, to be added to or deducted from the total 
assessed value of personal property in each county: Provided, 
that whenever in the opinion of the board it is necessary, to a 
more just and equitable equalization of personal property, that 
a rate per cent, be added to or deducted from the value thus ob¬ 
tained in any one or more of the counties, said board shall have 
the right so to do; but the rate per cent, hereinbefore required 
shall first be obtained to form the basis upon which the equaliza¬ 
tion of personal property shall be made. 

(1) Adsit v. Lieb, et al., 76 Ill., 198; Western Union Telegraph Co. v. Lleb, 78 
Ill,. 172; Porter v, R. R. I, & St, L. R. R. Co., 76 Ill., 561; C. B, Q. R. R. Co, v. 
Cole, 75 Ill., 591, 




474 


REVENUE. 


[Div. VIII. 


114. Board to assess capital stock of corporations, except, 
etc.—Extension of tax.] § 108. The State Board of Equalization 
shall assess the capital stock of each company or association, re¬ 
spectively, now or hereafter incorporated under the laws of this 
State, and which by this Act are expressly required to be as¬ 
sessed by the State Board of Equalization in the manner herein¬ 
before in this Act provided. But the State Board of Equalization 
shall not assess the capital stock of companies and associations 
organized for purely manufacturing and mercantile purposes or 
for either of such purposes, or for the mining or sale of coal, or 
for printing, or for the publishing of newspapers, or for the im¬ 
proving and breeding of stock. The respective assessments so 
made (other than of the capital stock of railroad and telegraph 
companies) shall be certified by the Auditors, under direction of 
said board, to the county clerk of the respective counties in 
which such companies or associations are located, and said clerk 
shall extend the taxes for all purposes on -the respective amounts 
so certified the same as may be levied on the other property in 
such towns, districts, villages or cities in which such companies 
or associations are located. 1 [As amended by Act in force July 
1, 1905. Laws 1905, p. 353. 

115. Board to assess “railroad track” and “rolling stock”— 
Distribution of values—Extension of tax.] § 109. Said board shall 
also assess the railroad property denominated in this Act as 
“railroad track” and “rolling stock”; and said board is hereby 
given the power and authority, by committee or otherwise, to 
examine persons and papers. The amount so determined and 
assessed shall be certified by the auditor to the county clerks of 
the proper counties. The county clerk shall, in like manner, dis¬ 
tribute the value, so certified to him by the auditor, to the county 
and to the several towns, districts, villages and cities in his 
county entitled to a proportionate value of such “railroad track” 
and “rolling stock.” And said clerk shall extend taxes against 
such values, the same as against, other property in such towns, 
districts, villages and cities. 

116. Capital stock of railroads and telegraphs—Distribution 
of value—Extension of tax.] § 110. The aggregate amount of 
capital stock of railroad or telegraph companies assessed by said 
board shall be distributed proportionately by said board to the 
several counties in like manner that the property of railroads de¬ 
nominated “railroad track” is distributed. The amount so de- 

(1) It Is not required that a corporation, whose property is assessed for taxa¬ 
tion by the State Board of Equalization, shall be notified of the assessment or the 
rules adopted whereby to determine the value of the property, and no right of appeal 
is given from the assessment. Porter et al. v. R. R. I. & St. L. R. R. Po. 76 Ill. R., 
561; Adsit v. Lieb et al., 76 Ill. R., 201. Western Union Telegraph Co, v. Lieb, et al 
76 Ill., 172. 




Div. VIII.] STATE BOARD OF EQUALIZATION. 


475 


termined shall be certified by the auditor to the county clerks 
of the proper counties. The county clerk shall, in like manner, 
distribute the value, so certified to him by the auditor, to the 
county and to the several towns, districts, villages and cities in 
his county entitled to a proportionate value of such capital stock. 
And said clerk shall extend taxes against such values the same 
as against other property in such towns, districts, villages and 
cities. 

117. Lands, how equalized.] § 111. Lands shall be equal¬ 
ized by adding to the aggregate assessed value thereof, in every 
county in which said board may believe the valuation to be too 
low, such rate per centum as will raise the same to its proper 
proportionate value, and by deducting from the aggregate as¬ 
sessed value thereof, in every county in which said board may 
believe the valuation to be too high, such per centum as will 
reduce the same to its proper value. Town and city lots shall be 
equalized in the same manner herein provided for equalizing 
lands, and, at the option of said board, may be combined and 
equalized with lands. 

118. Combined table—Final examination.] § 112. When 
said board shall have separately considered the several classes of 
property as hereinbefore required, the results shall be combined 
into one table, and the same shall be examined, compared and 
perfected, in such manner as said board shall deem best to ac¬ 
complish a just equalization of assessments throughout the 
State, preserving, however, the principle of separate rates for 
each class of property. 

119. Failure to return assessments.] § 113. In all cases of 
partial return from any county where the number of defaulting 
towns or districts do not exceed one-third of the whole number 
of towns or districts in the county, the board of equalization may 
estimate the valuation in the towns or districts from which re¬ 
turns have not been received, and may equalize the total valua¬ 
tion as in other cases. In cases where the defaulting towns or 
districts exceed in number one-third of the whole number of 
towns or districts in the county, and in all cases of failure on the 
part of any county clerk to furnish the proper returns of the 
assessment of his county to the auditor prior to or during the 
meeting of the board of equalization in each year, said board may, 
by order, authorize the auditor to equalize the assessment of 
such county when full returns have been received by him. 

120. When equalization completed.] § 114. When said 
board shall have completed its equalization of assessments, for 




476 


REVENUE. 


[Div. vlll. 


any year, the chairman and secretary shall certify to the auditor 
the rates finally determined by said board to be added or de¬ 
ducted from the listed or assessed valuation of each class of prop¬ 
erty in the several counties, and also the amounts assessed by 
said board; and it shall be the duty of said auditor, under his 
seal of office, to report the action of the board to the several 
county clerks, immediately after the adjournment of said board. 

121. Proceedings of board published, etc. 1 § 115. A report 
of the proceedings of said board of equalization shall be published 
annually, in pamphlet form, and five thousand copies thereof 
printed, of which number each member shall be entitled to fifty 
copies, the auditor to five hundred copies, and the remainder 
thereof shall be distributed by the secretary of state to the several 
counties, in the proportion usual in similar cases. Said distribu¬ 
tion shall be made by mail or express, immediately upon the re¬ 
ceipt of said report from the public printer, the cost of such dis¬ 
tribution to be paid by the secretary of state out of the ap¬ 
propriation for incidental expenses. [See Revised Stat. Chap. 
127, § 29. 

122. Rooms, fuel, etc.—Compensation.] § 116. The secre¬ 
tary of state shall furnish such printing, fuel, lights and rooms as 
may be necessary for the transaction of the business of said 
board. Each member of said board shall receive for his services 
the sum of $5 per day during its sessions, and ten cents per mile 
for each mile necessarily traveled in going to and returning from 
the seat of government, to be. computed by the auditor of public 
accounts, and no other allowance or emolument, directly or in¬ 
directly, for any purpose whatever, except the sum of $10 per 
session to each member, which shall be in full for postage, sta¬ 
tionary, newspapers, and all other incidentals and perquisites. 
The pay and mileage allowed to each member of said board and 
the pay allowed to its secretaries and employees, shall be certi¬ 
fied by the chairman of the board to the Auditor of Public Ac¬ 
counts, who shall issue his warrants on the state treasurer there¬ 
for. Said board may employ one page, at $2 per day; one secre¬ 
tary at $5 per day; and one janitor or doorkeeper, at $3 per day, 
and such clerks as may be necessary for the transaction of the 
business of the board, at $5 per day. Two-thirds of the whole 
number of members shall constitute a quorum, and said board 
may adjourn from time to time until the business before it is 
disposed of. Beginning with the term of office of the State 
board to be elected at the general election in November, A. D., 
1908, each member of said board shall receive for his services the 
sum of $1,000 per annum, and ten cents per mile necessarily 



Div. VIII.] RATES OF TAXATION—FOR STATE PURPOSES. 477 


traveled in going to and returning from the seat of government, 
to be computed by the Auditor of Public Accounts, and no other 
allowance or emolument, directly or indirectly, for any purpose 
whatever, except the sum of $10 per session to each member, 
which shall be in full for postage, stationery, newspapers, and 
all other incidentals and perquisites. The pay and mileage al¬ 
lowed to each member of said board, and the pay allowed to its 
secretaries and employes shall be certified by the chairman of 
the board to the Auditor of Public Accounts, who shall issue his 
warrants on the State Treasurer therefor. [As amended by Act 
approved June 4, 1907. In force July 1, 1907. Laws 1907, 
p. 494. 

RATES OF TAXATION. 

123. Computing rates. 

123. Computing rates.] § 117. All rates for taxes, herein¬ 
after provided for, shall be computed by the county clerk on the 
assessed valuation of property as equalized and assessed by the 
State Board of Equalization, for State purposes, and on t^e as¬ 
sessed valuation of property as equalized and assessed by the 
county board of review and all property assessed by the State 
Board of Equalization, for other taxes. [As amended by Act ap¬ 
proved May 10, 1901. In force July 1, 1901. Laws 1901, p. 272. 
See Revenue ]f 134, § 128, post. 


FOR STATE PURPOSES. (1) 


124. How rate found, etc. 

125. State school tax. 

126. State revenues. 


124. How rate found, etc.] § 118. The Governor, Auditor 
and Treasurer shall, annually, on the completion of the as¬ 
sessment and equalization of property, ascertain the rate per cent, 
required to produce the amount of taxes levied by the General 
Assembly. [See Revenue If 349, §49, post. 

125. State school tax.] § 119. There shall be annually as¬ 
sessed and collected, at the same time and in the same manner 
as other State taxes, such rate of tax on the equalized valuation 
of the property of this State, as is or may be provided by the laws 
concerning free schools, which tax shall be denominated the 


m The county clerk has no discretion in acting under the orders of the board 
of supervisors in extending taxes upon their equalization, and if he refuses to extend 
the tax ujon their equalization, he does so at his peril, and can only justify such 
refusal on the ground that to do so would violate the Constitution of the State. An 
eauaHzatfon by the board of supervisors, made by arbitrarily fixing the value of 
fmoroved 1 ands in each town at a uniform specified valuation, is illegal, and hence, 
if the clerk disregards such equalization and extends the tax on the assessor’s return, 
the tax is not thereby vitiated or rendered illegal. Mix v. The People, 72 Ill. R., 241. 





47S 


REVENUE. 


[Div. VIII. 


“State school tax,” and the moneys arising therefrom be dis¬ 
tributed in such manner as is or may be provided by the laws of 
this State concerning free schools; and no part of the fund raised 
by the aforesaid tax shall be diverted to or used for any other 
purpose than the support and maintenance of free schools in 
this State. [See Revenue, 349, § 49, post. 

126. State revenues.] § 120. The auditor shall, annually, 
compute and certify to the county clerks such separate rates per 
cent, as will produce the net amount of State taxes authorized to 
be levied— 

First —For revenue purposes, to be designated “State 
fund.” 

Second —For interest purposes, to be designated “Interest 
fund.” 

Third —For State school purposes, to be designated “State 
school fund.” 

Fourth —For such other taxes as may be required by law to 
be levied by him. 

The “Interest fund” tax shall be levied only so long as the 
same may be necessary, and shall be applied to the payment of 
interest only. [See Revenue 349, §49, post. 

FOR COUNTY PURPOSES. 

127. County board to determine. 

127. County board to determine.] §121. The county board 
of the respective counties shall, annually, at the September ses¬ 
sion, determine the amount of all county taxes to be raised for 
all purposes. The aggregate amount shall not exceed the rate 
of seventy-five cents on the one hundred dollars’ valuation, except 
for the payment of indebtedness existing at the adoption of the 
present State Constitution, unless authorized by a vote of the 
people of the county. When for several purposes, the amount 
for each purpose shall be stated separately: 1 Provided, however, 
that in all counties where, under any law, the county board is or 
may be required to pass an annual appropriation bill within the 
first quarter of the fiscal year, the tax levy above provided for 
may be made at any time after such annual appropriation bill 
shall be in full force and effect. [As amended bv Act approved 


No order or resolution of the county board is necessary to authorize the county 
clerk in levying and extending State taxes. It is his duty to do so under the statute 
Chiniquy v. The People ex rel., 78 Ill. R., 560. 

A court of equity will never restrain the extension of a tax on the tax books 
unless it is wholly unauthorized and void in all its parts. If any portion of the tax 
is valid, the court will never interpose, until the taxes have been extended and not 
then, until the tax payer has paid or tendered such taxes as are legal. Ottawa Glass 
Co. v. McCaleb, 81 Ill R., 557. 




Div. VIII.] COLLECTOR’S BOOKS—EXTENDING RATES. 


479 


June 14, 1909. In force July 1, 1909. Laws 1909, p. 325. See 
Revenue, ff349, §49; jf 301, §1, post. 

TOWNS, CITIES, ETC. 

128. Certificate of rates. 

128. Certificate of rates.] § 122. The proper authorities of 
towns, townships, districts, and incorporated cities, towns and 
villages, collecting taxes under the provisions of this Act, shall 
annually, on or before the second Tuesday in August, certify to 
the county clerk the several amounts which they severally re¬ 
quire to be raised by taxation, anything in their respective char¬ 
ters, or in Acts heretofore passed by the General Assembly of 
this State, to the contrary notwithstanding. 1 2 [As amended by 
Act approved May 3, 1873. See “Revised Statutes,” Chap. 24, 
§ 111, and Revenue Act of 1898, Tf 349, §49, post. 

COLLECTORS’ BOOKS—EXTENDING RATES. 

129. Collectors’ books. 

130. How made as to townships, cities, etc. 

131. Rates—How extended—Valuation—Equalization. 

132. Rates—how extended. 

133. Extension of town, city, etc., taxes. 

134. State and other taxes. 

135. Forfeited property—Back taxes. 

136. Statement to auditor. 

137. State and county equalized rates stated. 

138. Collector’s warrant—Direction to pay over. 

129. Collector’s books.] § 123. The county clerk shall an¬ 
nually, make out for the use of collectors, in books to be fur¬ 
nished by the county, correct lists of taxable property, as assessed 
and equalized. [As amended by Act approved June 2, 1881. In 
force July 1, 1881. Laws 1881, p. 135. 

(1) “Levy” as applied to a tax. imports the ascertainment of the amount to be 
raised, and the performance of such acts as would authorize the tax collector to 
proceed to collect. Handy, J., in Moore v. Foote, 32 Miss. R., 469, 479. 

The levy of a special tax for purposes not authorized by law, is void. But when 
authority exists to levy a tax to pay existing- indebtedness, the levying of a tax in 
connection therewith not authorized, does not render the entire levy void, if the au¬ 
thorized tax can be separated from that unauthorized. Allen, etc., v. Peoria, etc., R. 
R. Co., 44 Ill. R., 85. See also, Briscoe v. Allison, 43 Ill. R., 29. 

A court of equity will not enjoin a tax for mere errors, if it is attempted to be 
levied by an officer, de facto, under authority incident to his office; but may do so 
if the levy is by one without pretense of authority or color of office, to which such 
right is an incident. Munson v. Minor, 22 Ill. R., 602. 

The board of supervisors have no authority to instruct the county treasurer to 
withhold any part of the State tax. In case of an injunction restraining the collec¬ 
tion of tax, the amount of the State tax thus enjoined may be certified by the county 
clerk as a separate item of credit, and it will be allowed by the auditor, conditionally, 
until the injunction case is decided. Opinion Auditor Miner, June 13, 1868. 

(2) The failure of the town clerk to certify the levy of a town tax to the county 
clerk, within the time required by law, does not invalidate the tax. Thatcher v. 
The People ex rel., 79 Ill., R., 5971 






480 


REVENUE. 


[Div. VIII. 


130. How made as to townships, cities, etc.] § 124. In 
counties not under township organization, such book shall be 
made up by congressional townships; but parts of fractional town¬ 
ships, less than full townships, may be added to full town¬ 
ships, at the discretion of the county board. In coun¬ 
ties under township organization, said books shall be 
made to correspond with the organized townships. Separate 
books may be made for the collection of all taxes within the cor¬ 
porate limits of cities, towns and villages. This section shall 
not be construed to interfere with the tax book provided for in 
this Act, for the use of county collectors, for collecting all taxes 
charged against railroad property and the capital stock of tele¬ 
graph companies. [Added by amendment approved June 2, 
1881. In force July 1, 1881. Laws 1881, p. 136. 

131. Rates — How extended — Valuation — Equalization.] 
§ 125. The respective county clerks shall cause the collector’s books 
to be properly ruled for the several classes of property, providing 
for each class three columns for values,—the first to show the 
assessed valuation; the second to show the valuation as corrected 
and equalized by the county board, and the third to show the 
valuation as equalized or assessed by the State Board of Equal¬ 
ization. Said books to contain proper columns for the extension 
of the several kinds of taxes, and other purposes, and to contain 
proper columns to insert opposite each piece, lot or tract of 
land any sales made of the same for taxes or special assessments 
for the two preceding years not cancelled, “such tax sales shall 
be designated by the word ‘sold’ to be stamped in the proper 
column opposite the respective lot or tract of land not released 
prior to December 1st, of each year,” and the several collectors 
shall stamp or cause to be stamped upon all receipts given for 
taxes the information in said column, to be known as the tax 
sale column. [As amended by Act approved and in force June 
19, 1893. Laws 1893, p. 171. See Revenue, If 318, §18; ff349, 
§ 49, post. 

132. Rates—How extended.] § 126. Said clerks shall ex¬ 
tend the rates of addition or deduction ordered by the county 
board and State Board of Equalization, in the several columns 
provided for that purpose. The rates per cent, ordered by the 
State Board of Equalization shall be extended on the assessed 
valuation of property, as corrected and equalized by the county 
board—except, that in case of railroad property denominated 
“railroad track” and “rolling stock” said rates shall be extended 
on the listed valuations of such designated property. In all 
cases of extension of valuations, where the equalized valuation 
shall happen to be fractional, the clerk shall reject all such frac- 



Div. VIII.] COLLECTOR'S BOOKS—EXTENDING RATES. 481 


tions as may fall below fifty cents; fractions of fifty cents or 
more shall be extended as one dollar. [As amended by Act ap¬ 
proved June 2, 1881. In force July 1, 1881. Laws 1881, p. 135. 
See Revenue, ][ 318, § 18; ][ 349, §49, post. 

133. —Extension of towns, cities, etc., taxes.] § 127. The 

said clerks shall estimate and determine the rate per cent, upon 
the proper valuation of property in the respective towns, town¬ 
ships, districts and incorporated cities, towns and villages in their 
counties, that will produce, within the proper divisions of such 
counties, not less than the net amount of the several sums that 
shall be required by the county board, or certified to them accord¬ 
ing to law. [See Revenue, 318, § 18; 349, § 49, post. 

134. State and other taxes.] § 128. All State taxes shall 
be extended by the respective county clerks upon the property in 
their counties, upon the valuation produced by the equalization 
and assessment of property by the State Board of Equalization. 
All other taxes shall be extended upon the valuation produced 
by the equalization and assessment of property by the county 
board of review and all property originally assessed by the State 
Board of Equalization. In the extension of taxes the fraction of 
a cent shall be extended as one cent. [As amended by Act ap¬ 
proved May 10, 1901. In force July 1, 1901. Laws 1901, p. 272. 
See Revenue, 318, § 18; Jf 349, §49, post. 

135. Forfeited property—Back taxes.] § 129. In all cases 
where any real property has heretofore been or may hereafter 
be forfeited to the State for taxes, it shall be the duty of the 
clerk, when he is making up the amount of tax due on such 
real property for the current year to add the amount of back tax, 
interest, penalty and printer’s fees remaining due on such real 
property, with one year’s interest at ten per cent, on all taxes 
heretofore forfeited, and twenty-five per cent, on all taxes here¬ 
after levied and forfeited on the amount of tax due ,to the tax of 
the current year,and the aggregate amount so added together shall 
be collected in like manner as the tax on other real property for 
that year may be collected: Provided, that the county clerk shall 
first carefully examine said list, and strike out therefrom all 
errors, and otherwise make such corrections as may be necessary 
with respect to such property or tax. (See Revenue, If 235, § 229, 
post.) [As amended by Act approved May 31, 1879. In force 
July 1, 1879. Laws 1879, p. 253. 

136. Statement to Auditor.] § 130. When the books or 
lists for the collectors are completed, the county clerk shall make 
a complete statement of the assessment and taxes charged, on 



482 


REVENUE. 


[Div. VIII. 


blanks, and in conformity to instructions furnished to him by 
the Auditor. The clerk shall record said statement and forward 
it, properly certified, to said auditor. 

137. State and county equalized rates stated.] § 131. It 
shall be the duty of the county clerk to make, in each collector’s 
book, a certificate of the rate of deduction or addition deter¬ 
mined by the State Board of Equalization in the county to which 
such books shall pertain; and, also, the rate of addition or de¬ 
duction determined by the county board in the town, district, 
city or village to which such book shall pertain. [See Revenue, 

132, § 126, ante. 

138. Collector’s warrant—Direction to pay over.] § 132. 

To each collector’s book, a warrant, under the hand and official 
seal of the county clerk, shall be annexed, commanding the 
collector to collect from the several persons named in said book, 
the several sums entered in the column of totals opposite their 
respective names. The warrant shall direct the collector to pay 
over the several kinds of taxes that may be collected by him, to 
the respective officers entitled thereto, less the compensation for 
collection allowed him by law. * 1 [As amended by Act approved 
June 2, 1881. In force July 1, 1881. Laws 1881, p. 136. 

QUALIFICATION OF TOWN AND DISTRICT COLLECTORS. 

139. Bond—Oath. 

140. Bond and oath recorded—Lien of bond. 

139. Bond—Oath.] § 133. Every town or district collector, 
before he enters upon the duties of his office, and within eight 
days after he receives notice of the amount of taxes to be col¬ 
lected by him, shall execute a bond, with two or more securities, 
to be approved by the county board, or supervisor and town 
clerk of his town, as the case may require, in double the amount 
of such taxes, conditioned for the faithful execution of his du¬ 
ties as such collector. Signatures to such bond, signed with a 

A tax for a corporate purpose is one for the benefit of the inhabitants of the 
municipality. C. D. & V. R. R. Co. et al. v. Smith, 62 Ill. R., 268. 

Town officers under the township system making- an appropriation to a railroad 
company in pursuance of law, and upon the vote of the majority of legal voters of 
the town authorizing- the same, are “corporate authorities” of a municipal corporation, 
who are authorized to levy taxes under the Constitution of 1848. C. D. & V. R. R. 
Co. et al. v. Smith, 62 Ill. R., 268. 

The right of corporate or local taxation cannot he delegated by the legislature to 
any but the corporate authorities. Gage v. Graham, 57 Ill. R., 144; Ree v. Ruggles, 
62 Ill. R., 427; Chiniquy v. The People, 78 Ill., 570; Thatcher v. The People, 79 
Ill., 597. 

(1) Where the law requires a collector’s warrant to be signed by certain officers, 
and the warrant bears their signatures, but preceding one of the signatures, the 
word “countersigned” appears, it is nevertheless a proper signing of the instrument, 
and forms no objection to it. The law is answered when the signatures of the officers 
named in the statute appear upon the instrument. Gurnee v. The City of Chicago, 




Div. VIII.] TOWN AND DISTRICT COLLECTORS—BOND. 483 


mark, shall be witnessed, but in no other case shall witness be 
required. Said bond shall be substantially in the following form, 
to-wit: 

Know all men by these presents, that we, A. B., of the -of -, 

in the county of -, in the State of Illinois, as town (or district) col¬ 

lector, and C. D. and E. F., of the said county and State, as securities, are 
held and firmly bound unto the People of the State of Illinois, in the penal 

sum of -, for the payment of which, well and truly to be made, we 

bind ourselves, our heirs, executors and administrators, fi'rmly by these 
presents. Signed and sealed this - day of -, A. D. 19—. 

The condition of the foregoing bond is such, that if the above bound 
A. B. shall perform all the duties required to be performed by him as col¬ 
lector of the taxes for the year 19—, in the town (or district) of-, in 

the county of -, Illinois, in the time and manner prescribed by law, 

and, when he shall be succeeded in office, shall surrender and deliver over 
to his successor in office all books, papers and moneys appertaining to his 
said office, then the foregoing bond to be void; otherwise to remain in full 
force. 

A. B. [seal.] 

C. D. [seal.] 

E. F. [seal.] 

He shall also take and subscribe an oath, to be endorsed on 
the back of the bond, substantially as follows : 1 

I do solemnly swear that I will support the Constitution of the United 
States, and the Constitution of the State of Illinois, and that I will faith¬ 
fully discharge the duties of the office of town (or district) collector accord¬ 
ing to the best of my ability. 

'[If 263, § 257, H 269, § 263. 

140 . Bond and oath recorded—Lien of Bond.] § 134. The 

chairman of the county board (or town supervisor, as the case 
may require,) shall, within six days thereafter, file such bond, 
with such approval indorsed thereon, in the office of the recorder, 


4 collector’s warrant confers the same authority, and performs the same office as 
a fi fa execution, and when regular and fair on its face, protects the officer and 
those acquiring rights under it, to the same extent as an execution. Hill et al. v. 
Figley, 25 Ill. R-, 156. 

All the personal property of the tax payer is hound for the payment of his taxes, 
from the time the collector receiver his warrant until they shall have been paid. The 
warrant like an execution, operates as a lien. Hill et al. \. Figley, 23 Ill. R., 418. 
Held that though a tax was illegally levied, yet the collector who was simply the 
ministerial officer of the town, to whom a warrant was directed, regular on its face, 
^nd which he was to collect or not at his peril, was not liable for the costs of an 
function restraining the collection of the tax ItBeerntt would he otherwise if he 
had actually attempted to collect the tax. Drake et al. v. Phillips et a ., 40 Ill. 
R., 389. 

a nnumpht of nn assessment is not voluntarily made if the collector has a 
The payment of an ^vy an d sell; and the party who has paid the 

... . * nT , rr > cnileetor’s term of office begins when he takes the first oath of 

_ n) . + A t ?r Jnv« nftpr his election or appointment. If he fails to take this oath, 
ft Udlimed n refulal to serve nml the vacancy may be filled by appointment. Peo- 

pie J e L,Tntv a treasurer"has 'nf right to administer an oath to a township col- 

The county treasurer na and affidavit of the collector thereto cannot be 

tfamitte^rln^^ildenee^fo 4 S prove ’tlieTa-fts^therein stated. People, use, etc., v. Tease., 

84 Ill. R., 539. 












484 


REVENUE. 


[Div. VIII. 


who shall record the same, including the oath, in a separate book 
to be provided for the purpose, and when recorded shall be filed 
in the office of the county clerk by the recorder. Said bond, when 
so filed for record, shall be a lien against the real estate of such 
town or district collector, until he shall have complied with the 
conditions thereof. 

DELIVERY OF COLLECTOR’S BOOKS—WARRANTS. 

141. When delivered to collector. 

142. Collector’s warrants. 

143. Distress for personal tax. 

144. How to pay over taxes collected. 

145. County clerk’s certificate to county collector. 

141. When delivered.] § 135. The respective county clerks 
shall, on or before the twentieth day after the first day of De¬ 
cember, annually, or as soon thereafter as the collectors are duly 
qualified, deliver to them the books for the collection of taxes; 
and it shall be the duty of the collectors, within such time, or as 
soon thereafter as they are qualified, to call at the clerk’s office 
and receive said books. The tax book, provided for collecting 
ail taxes charged against railroad property, and the capital stock 
of telegraph companies, shall be delivered to the county collector 
within the same time, annually, or as soon thereafter as he is 
qualified. 1 [As amended by Act approved June 2, 1881. In force 
July 1, 1881. Laws 1881, p. 130. See Revenue, f 354, § 52, post. 

142. Collector’s warrants.] § 136. To each town, or district 
collector’s book a warrant, under the hand of the county clerk 
and seal of his office, shall be annexed, commanding such town 
or district collector to collect from the several persons named in 
said town or district collector’s book, the several sums of taxes 
therein charged opposite their respective names. [See 138 
§ 132, ante. 

143. Distress for personal tax.] § 137. In all cases the war¬ 
rant shall authorize the town or district collector, in case any 
person named in such collector’s book shall neglect or refuse to 
pay his personal property tax, to levy the same by distress and 
sale of the goods and chattels of such person; and it shall re¬ 
quire all payments therein specified to be made by such town or 
district collector on or before the tenth day of March next en¬ 
suing. [As amended by Act approved May 3, 1873. 

144. How to pay over taxes collected.] §138. The warrant 
shall direct the town or district collector, after deducting the 
compensation to which he may be legally entitled, to pay over to 

(1) Taxes on personal property do not become a lien until the tax books are re¬ 
ceived by the collector. Opinion Att’y Gen. Edsall, March 13, 1877. 




Div. VIII.] 


VACANCIES AND RESIGNATIONS. 


485 


the proper officers the amount of tax collected for the support 
of highways and bridges, and to the supervisor of the town the 
moneys which shall have been collected therein, to defray town 
expenses; to the proper school officers, the district school tax; 
to the city or incorporated town or village treasurer, or other 
proper officer, the taxes or special assessments collected by him 
for such city or incorporated town or village, or others, as often 
and at such times as may be demanded by the proper officers; 
and to the county collector, the county tax and the taxes payable 
to the State treasury collected by him. 

145. County clerk’s certificate to county collector.] § 139. 
On the delivery of the tax books to the town or district collectors, 
the clerk shall make a certified statement setting forth the name 
of each town or district collector, the amount of taxes to be col¬ 
lected and paid over for each purpose for which the tax is levied 
in each of the several towns or districts, cities and villages, and 
furnish the same to the county collector. 

COLLECTION DISTRICT AND WHO COLLECTOR IN COUNTIES 
NOT UNDER TOWNSHIP ORGANIZATION. 

146. County a district—Sheriff collector. 

146. County a district—Sheriff collector.] § 140. Each 

county in this State, not under township organization, shall be a 
collection district, for the purpose of this Act; and the sheriffs 
of such counties shall be, respectively, ex officio, district collec¬ 
tors of such collection districts. [See Revenue, 150, § 144, post. 

VACANCIES AND RESIGNATIONS. 

147. How vacancy filled—Not to exonerate former collector. 

148. Duty of appointee. 

149. Extension of time in such case. 

147. How vacancies filled—Not to exonerate former col¬ 
lector.] § 141. If any town or district collector in this State 
shall refuse to serve, or shall die, resign or remove out of the 
county, district or town for which he was elected or appointed, 
or the office becomes vacated in any other way, before he shall 
have entered upon or completed the duties of his office, of shall 
in any way be prevented from completing the same, the county 
or town board, as the case may require, shall forthwith appoint 
a collector for the remainder of the year, who shall give the like 
security and be subject to the like penalties, and have the same 
power and compensation as the town or district collector in 
whose place he was appointed, and the county collector shall 
forthwith be notified of such appointment. Such appointment 
shall not exonerate the former town collector or his securities 



486 


REVENUE. 


[Div. VIII. 


from any liability incurred by him or them. No resignation of 
a town or district collector shall be accepted, unless sufficient 
cause is shown, nor shall the person resigning be re-appointed 
to complete the collections in the same or any other town or 
district in the county. 1 

148. Duty of appointee.] § 142. The town or district col¬ 
lector so appointed shall keep an account of all collections made 
by the former collector, so far as he can ascertain the same, and 
when any one shall present a receipt for taxes paid to the former 
collector, he shall mark against the amount of such taxes to 
whom and when paid. 

149. Extension of time in such case.] § 143. In case of 
such appointment, the chairman of the county board or the su¬ 
pervisor of the town, may extend the time for the collection of 
taxes, for a period not exceeding twenty days, of which exten¬ 
sion the county collector shall be notified. 

COLLECTORS. 

150. Who collectors. 

151. Bond— Oath. 

152. Approved—Recorded—Sent auditor—Lien. 

153. How otherwise approved. 

154. Approval of bonds by auditor. 

155. Discharge of sureties. 

156. When collector defaults. 

157. Death of collector. 

158. Deputy collectors. 

159. Warrants to deputy collectors. 

150. Who collectors.] § 144. The treasurers of counties 
under township organization, and the sheriffs of counties not 
under township organization, shall be ex officio county collectors 
of their respective counties. 2 

151. Bond—Oath.] § 145. Said collector shall, on or be¬ 
fore the first day of December, annually, or as soon as he is 
elected and qualified, and before he enters upon the duties of his 
office as collector, execute a bond, in addition to his bond as 
treasurer, in a penal sum of at least double the amount of State 
taxes to be collected in the year next thereafter, with two or 
more securities, who shall be residents of the said county, and 
owners of real estate located within this State equal in value to 
the amount specified in the bond; which amount shall be de¬ 
termined, and which bond shall be approved, by the county board. 
Each name shall be recited, in full, in the body of the bond. The 
signatures to such bond, signed by a mark, shall be witnessed, 


(1) See post, “Elections,” fl 131, §126, note. People ex rel. v. Callaghan 83 Ill 
128; Ross v. The People ex rel., 78 Ill., 375. 

(2) Kilgore v. People, 76 Ill., 548; Broadwell, et al. v. People, 76 Ill., 560. 




Div. VIII.] 


COLLECTORS, 


487 


but in no other case shall witness be required. Such bond shall 
be substantially in the following form, to-wit: 

Know all men by these presents, that we, A. B., collector, and C. D. 

and E. F., securities, all of the county of -, and State of Illinois, are 

held and firmly bound unto the People of the State of Illinois, in the penal 

sum of -dollars, for the payment of which, well and truly to be made, 

we bind ourselves, each of us, our heirs, executors and administrators, 
firmly by these presents. 

Signed and sealed, this - day of -, 19—. 

The condition of the foregoing bond is such that if the above bound 
A. B. shall perform all the duties required to be performed by him as col¬ 
lector of the taxes for the year 19 —, in the county of -, in the State of 

Illinois, in the time and manner prescribed by law, and when he shall be 
succeeded in office, shall surrender and deliver over to his successor in 
office all books, papers and moneys appertaining to his said office, then 
the foregoing bond to be void, otherwise to remain in full force. 

A. B. [seal.] 

C. D. [seal.] 

E. F. [seal.] 


He shall also take and subscribe an oath, to be indorsed on 
the back of the bond, substantially as follows i 1 


I do solemnly swear that I will support the Constitution of the United 
States and the Constitution of the State of Illinois, and that I will faith¬ 
fully discharge the duties of the office of county collector according to 
the best of my ability. 

[If 263, § 257, ff 269, § 263, fl 291, § 285. 


152. Approved—Recorded—Sent auditor—Lien.] § 146. 

The collector’s bond shall be approved by the county board, and 
shall be recorded on the records of said board, and forthwith 
mailed to the auditor by the county clerk. Said clerk shall attach 
his certificate to said bond, under the seal of his office, showing 
that it has been duly approved and recorded. Said bond, when 
approved and recorded, shall be a lien against the real estate 
of such collector until he shall have complied with the conditions 
thereof. 


153. How otherwise approved.] § 147. The chairman of 
the county board, the county judge and the county clerk shall 
have power and authority to approve the bond of the county 
collector in like manner as the county board has to approve said 
collector’s bond; and said bond, when so approved, shall be sub¬ 
ject to the several provisions of this Act, the same as if approved 
by said board. 


(i) 

the manner 


A collector of taxes, although he may not have taken an oath of office In 
prescribed by the statute, may be an officer de facto, so far as the 


public and third persons are concerned, while he retains the office, and exercises the 
duties of it. Guyer v. Andrews, 11 Ill. R., 494; Kilgore v. Ferguson, et al., 77 Ill., 
213; Coons, et al. v. The People, 76 Ill., 383. 










488 


REVENUE. 


[Div. VIII. 


154. Approval of bonds by auditor.] § 148. The collector’s 
bond, when received by the Auditor, and if found to be made in 
conformity to law, and the securities satisfactory, shall be filed 
in his office and the fact thereof certified to the county clerk. 
If the auditor finds said bond to be not in accordance with law, 
or if he has reason to doubt the sufficiency of the surety, he 
shall return the bond to the county clerk, who shall notify the 
collector to make a sufficient bond. If a new bond is required, 
it shall be approved and recorded and subject to the require¬ 
ments of this section, the same as the first bond given by the 
collector. No tax books or lists shall be placed in the hands of 
the county collector until the auditor’s certificate, under the seal 
of his office, has been received by the county clerk, showing that 
the collector’s bond has been received and filed in the auditor’s 
office. Nothing in this section shall be construed as relieving 
the securities of a collector from liabilities incurred under a bond 
not approved and filed by the auditor. 

155. Discharge of sureties.] § 149. The securities on any 
bond given in pursuance of this Act, or either of them, may, at 
any time after the execution of said bond, if they, or either of 
them, have good reason to believe that the officer in said bond 
is about to fail to comply with the conditions thereof, file with 
the county clerk a notice in writing, verified under oath, by the 
person asking to be discharged, setting forth the facts in the 
case, and asking to be released from any further liability on said 
bond; whereupon the clerk with whom such notice shall be 
filed, shall notify the said officer to give additional security, equal 
to the security about to be released by the county board, which 
notice may be served by the said clerk, or by any person ap¬ 
pointed by said board or clerk. If the officer so notified shall 
not appear and give additional security within two days after 
notification, the county board may remove him from office: and 
in all such cases said board shall appoint some person to fill the 
vacancy occasioned by such removal, who shall execute bond, 
qualify and perform the duties required as such officer. [See 
Revised Statute, Chap. 103, § 10. 

156. When collector defaults.*] § 150. If the securities on 
any collector s bond, or either of them, shall be satisfied that 
such collector is making improper use of the funds collected by 
him, or has absconded, or is about to abscond, from this State, 
whereby said securities mav become liable to pay any sum or 
sums of money, it shall be lawful for said security to sue out a 
writ of attachment against the goods and chattels of such col¬ 
lector in like manner as he would be authorized to do if said 
collector was personally indebted to such security; and the 



Div. VIII.] 


COLLECTORS. 


489 


money collected on any such attachment shall be paid into the 
State, county, town or city treasury, by the officer collecting the 
same, in like manner as if paid over by the collector. 

157. Death of collector.] §151. In case of the death of any 
county collector during the time the tax books are in his hands, 
and before the time specified in this Act for making settlements, 
the county clerk shall demand and take charge of the tax books. 
Said clerk shall appoint one or more competent persons to 
examine said tax books; and it shall be the duty of the persons 
so appointed to ascertain the amount remaining uncollected, and 
make out a correct abstract of the same: Provided, that should 
there be but a small portion of the taxes collected at the time of 
the death of the collector, then the amount actually collected 
shall be ascertained, and the same books used in completing the 
collections. 

158. Deputy collectors.] § 152. Collectors may appoint 
deputies by an instrument in writing, duly signed, and may also 
revoke any such appointment at their pleasure; and may require 
bonds or other securities from such deputies, to secure them¬ 
selves. And each such deputy shall have like authority, in every 
respect, to collect the taxes levied or assessed within the portion 
of the county, town, district, village or city assigned to him, 
which by this Act is vested in the collector himself; but each 
collector shall, in every respect, be responsible to the State, 
county, towns, villages, cities, districts and individuals, compan¬ 
ies or corporations, as the case may be, for all moneys collected, 
and for every act done by any of his deputies, whilst acting as 
such, and for any omission of duty of such deputy. Any bond 
or security taken from a deputy by a collector, pursuant to this 
Act, shall be available to such collector, his representatives and 
securities, to indemnify them for any loss or damage accruing 
from any act of such deputy. 

159. Warrants to deputy collectors.] § 153. The county 
clerk, on being requested bv any collector, shall attach a warrant, 
under his hand and the seal of his office, to any list furnished by 
such collector to his deputy, which warrant shall be in the same 
manner and form as is required in the original collector’s list or 
book., except that the amount collected by such deputy shall be 
paid to the collector, who shall pay the same over to the proper 
officer or persons, 



490 


REVENUE. 


[Div. VIII. 


MANNER IN WHICH TAXES ARE TO BE COLLECTED. (1) 

160. Kind of money receivable. 

161. How collection made. 

162. Distress for taxes. 

163. Sale of property distrained—Surplus. 

164. Removal within county. 

165. Fees on distraint. 

166. Removal from county. 

167. Collection after return of county collector. 

168. Payment on part of tracts—undivided interest. 

169. Entry of payment—Form of receipt—Evidence—Name, etc. 

160. Kind of money.] § 154. The county revenue shall be 
collected in gold and silver coin, United States legal tender notes, 
current national bank notes, county orders and jury certificates, 
and in no other currency. The revenue for State purposes shall 
be collected in gold and silver coin, United States legal tender 
notes, current national bank notes, and auditor’s warrants, and in 
no other currency. The revenue for city purposes shall be collect¬ 
ed in gold and silver coin, United States legal tender notes, cur¬ 
rent national bank notes, city comptrollers’, city auditors’, or city 
clerks’ warrants or orders on the city treasurer, and in no other 
cuirency. State taxes levied for any special purpose other than 
to defray the ordinary expenses of the State Government, shall 
be collected in gold and silver coin, United States legal tender 
notes, current national bank notes and in no other currency. All 
other taxes shall be collected in gold and silver coin, United 
States legal tender notes and in current national bank notes and 
in no other currency unless otherwise specially provided for. 1 2 
[As amended by Act approved May 25, 1877. In force July 1, 
1877. Laws 1877, p. 171. 

161. How collection made.] § 155. Every town collector, 
upon receiving the tax book or books, shall proceed to collect 


(1) A court of equity will never entertain a bill to restrain the collection of a 
tax, except in cases where the tax is unauthorized by law, or assessed on property 
not subject to taxation, or where the property has fraudulently been assessed too 
high. C. B. & Q. R. R. Co. v. Cole, et al., 75 Ill. R., 592. 

The courts cannot interfere to prevent the collection of taxes, unless they are 
void, or levied without power on the part of the officers executing the revenue law; 
but when the officers, acting under the law, transcend their powers and act without 
warrant of law, the courts may give relief. Ottawa Glass Co. v. McCaleb, etc. 81 
Ill. R., 537. 

(2) The mandate of the State to its officers, as to the kind of funds in which 
the revenue shall be collected, cannot be disobeyed. Congress has no power over the 
subject. State Treasurer v. Collector of Sangamon Co., 28 Ill. R., 512. 

Any registered bond tax collected under levy made by the State Auditor pursuant 
to law is declared to be a State tax by the statute and must therefore be collected 
in “gold and silver coin, United States legal tender notes, current national bank 
notes, or Auditor’s warrants, and in no other currency.” Opinion Auditor Needles 
March 23, 1878. 

Money, whether in the State treasury, or in the hands of the collector, is alike 
the property of the State. The People v. Miner, 46 Ill. R., 385. 

By the new Constitution, all taxes levied for State purposes, are required to be 
paid into the State treasury. Art. 9, 87- 




Div. VIII.] MANNER OF COLLECTION OF TAXES. 


491 


the taxes therein mentioned, and for that purpose shall call at 
least once on the person taxed, or at his place of residence or 
business, if in the town of such collector, and shall demand pay¬ 
ment of the taxes charged to him on his property: Provided, 
that in counties not under township organization, it shall be the 
duty of the collector to give notice, in a newspaper published in 
the county, if any such newspaper there be, stating when and 
where he will be prepared to receive such taxes, which said notice 
shall be published at the first publication of such newspaper after 
the delivery to such collector of the tax book or tax books, and 
immediately upon receipt of such tax book or tax books the said 
collector shall cause to be posted in three of the most public 
places in each precinct of his county, a like notice and the publi¬ 
cation of said notices in said newspaper and the posting thereof 
as provided herein, shall be deemed a sufficient demand for said 
taxes. 2 [As amended by Act approved June 2, 1911. In force 
July 1, 1911. Laws 1911, p. 485. 

162 . Distress for taxes.] § 156. In case any person, com¬ 
pany or corporation shall refuse or neglect to pay the taxes im¬ 
posed on him or them, when demanded, it shall be the duty of 
the collector to levy the same, together with the costs and charges 
that may accrue, by distress and sale of the personal property of 

(2) A mortgagor or mortgagee in possession is bound to pay the taxes on the 
mortgaged premises, the latter will be allowed therefor on foreclosure of the mort¬ 
gage. Wright et al. v. Langley, 36 Ill. R., 381; Moore v. Titman, 44 Ill. R., 367. 

A party in actual possession of lands under a contract, listed in his name, is 
personally liable for the taxes. Glancey v. Elliott, 14 Ill. R., 458. 

An assignee is bound, while the assets remain in his hands for administration, 
to pay the taxes assessed thereon. Ryan v. Gallatin County, 14 Ill. R., 82. 

A person having a life estate in lands is bound to pay the taxes thereon during 
the existence of the estate, unless exempt by the instrument creating the estate. 
Higgins v. Crosby, 40 Ill. R., 263; Waldo, et al. v. Cummings et al., 45 Ill. R., 421. 

The assignee of a lease for the title of another, is bound to pay all the taxes 
on the premises during his tenancy. Prettyman v. Watson, 34 Ill. R., 192. 

Co-tenants are equally bound to keep the taxes paid, and one who pays all taxes 
can recover of the other for the amount with interest. Morgan et al. v. Herrick, 
administrator, etc., et al., 21 Ill. R., 481; Chickering et al. v. Failes, 38 Ill. R., 342. 

If the taxes are paid by a tenant, it will enure to the benefit of the landlord. If 
by a trustee, or cestui que trust, to the benefit of the combined legal and equitable 
title claimed. Colfield v. Furry, 19 Ill. R., 183. 

An administrator is not bound by law to pay taxes on the real estate left by the 
decedent. Stone et al. v. Wood, 16 Ill. R., 177. 

Upon the question on whose account and for whom payment of taxes has been 
made, the tax receipts therefor are not conclusive evidence. Like other receipts, they 
are susceptible of explanation. Rand v. Scofield, 43 Ill. R., 168; see case of Hichman 
v. Whetstone, 23 Ill. R., 188. 

Ordinarily, a party of whom a tax is Illegally collected, has an ample remedy at 
law by an action of trespass against the officer collecting it, or by an action of as¬ 
sumpsit to recover back the money paid. Cook County v. C. B. & Q. R. R. Co., 

35 Ill. R., 467. 

A tax is not an ordinary debt; it takes precedence of all other demands, and is a 
charge upon the property, without reference to the matter of ownership. Dunlop v. 
County of Gallatin, 15 Ill. R., 9. 

A tax has been held to be recoverable by action like a debt. Ryan v. Gallatin 

County, 14 Ill. R., 78; Creps v. Baird, 30 Ohio R., 277. 




492 


REVENUE. 


[Div. VILE 


the person, company or corporation who ought to pay the same. 
[Confined to personal property by § 137. 1 

163. Sale of property distrained—Surplus.] §157. The col¬ 
lector shall give public notice of the time and place of sale, and of 
the property to be sold, with the name of the delinquent, at least 
five days previous to the day of sale, by advertisements, to be 
posted up in at least three public places in the town or district 
where such sale is to be made. Such sale shall be by public auc¬ 
tion, and, if practicable, no more property shall be sold than 
sufficient to pay the tax, costs and charges due. If the property 
distrained shall be sold for more than the amount of the taxes and 
charges due, the surplus shall be returned to the person in whose 
possession such property was when the distress was made, if no 
claim be made to such surplus by any other person. If any other 
person shall claim such surplus, on the ground that the property 
sold belonged to him, and such claim be admitted by the person 
for whose tax the same was distrained, the surplus shall be paid 
to such owner. 


(1) The remedy by distress for the collection of taxes is not necessarily exclusive. 
The same remedy may be pursued as for the collection of debts. Ryan v. Gallatin 
County, 14 Ill. R., 83. A note in the hands of an attorney for collection, the prop¬ 
erty of a delinquent tax payer, may be reached for the payment of the tax, by 
proceeding as in case of a debt. Opinion Auditor Miner, Feb. 13, 1868. 

A tax creates a lien, and takes precedence of judgments and all other claims, 
and no property is free from levy and sale for the payment thereof. Dennis v. May¬ 
nard et al., 15 Ill. R., 4 81; Dunlap v. Gallatin County, 15 Ill. R., 9. 

Household goods are not exempt from taxation nor from being distrained and sold 
for taxes. Opinion Auditor Miner, April 18, 1867; Dennis v. Maynard et al., 15 
Ill. R., 481. 

Insurance companies are required to pay the tax assessed on them, and col¬ 
lections are to be made by distraint and sale of personal property in the same man¬ 
ner as that of other corporations or individuals. Opinion Auditor Lippincott, Feb. 
21, 1870; Jan. 28, 1870. 

The tax on personal property cannot be carried forward from one year to an¬ 
other. If the tax is not paid the property must be distrained and sold unless the 

tax payer becomes insolvent or has absconded and no property can be found. If the 

tax on personal property liable to tax for former years was omitted to be assessed, 

it should be assessed for the current year as well as for the years for which it was 

liable but omitted to be assessed. Opinion Auditor Lippincott, Nov. 26, 1869. 

Auditor Needles has decided that, under the law as at present existing, collectors 
have no authority to seize and sell personal property for tax on real estate. Opinion 
of Auditor, Dec. 31, 1877. 

Where irregularities occur in the listing of property, but which do not have the 
effect to render the tax wholly Void, the collector, who has distrained for taxes 
unpaid, will not be liable to an action for such irregularity, which is not his fault. 
Exchange Bank Columbus v. Hine, 3 Ohio St. R., 1. 

A township collector has the right to go out of his town and to any place within 
his county to collect any tax. whether real or personal, assessed in his district. See 
li 73, § 68. Opinion Auditor Lippincott, Jan. 7, 1870. 

If the collector shall make a return that he could not find goods and chattels 
whereon to levy and collect the amount assessed, that will be conclusive of the fact 
stated. If the return is false, the officer is responsible. City of Ottawa v. Macv 
et al., 20 Ill. R., 413. 

The collector, in collecting the tax charged upon his list, acts as a ministerial 
officer, and is protected by his warrant the same as any other ministerial officer 
would be in executing process. The rule in such case is, that if a ministerial officer 
executes process, upon the face of which it appears that the court issuing it had not 
jurisdiction of the subject matter or of the person of the defendant, the process will 
afford him no protection for acts done under it. But if the subject matter of th§ 




Div. VIII.] MANNER OF COLLECTION OF TAXES. 


49'} 


164. Removal within county.] § 158. In case any person 
against whom a tax shall be assessed, under the provisions of this 
Act, shall have removed from one town or district to another 
town oi district in the same county without paying" such tax, 
it shall be lawful for the collector having the tax books in which 
such tax is charged, to levy and collect such tax of the goods and 
chattels of the person assessed, in any town or district within said 
county to which such person shall have removed, or from prop¬ 
erty of such person wherever the same may be found in said 
county. 

165. Fees on distraint.] § 159. In levying on and selling 
personal property for taxes, the collector shall be governed by 
the same rules and be entitled to the same fees as constables are 
or may be for like services on executions; but in no case shall 
any collector charge mileage, unless he is compelled to distrain 
property. [See Revised Stat., Chap. 79, §88, 89; Revised Stat. 
Chap. 53, §41, 42. 

166. Removal from county.] § 160. In case any person 
against whom taxes have been levied under the revenue laws of 
this State, in any county, town, city or district of this State, shall 
have removed from such county, town, city or district, after such 
assessment has been made, and before the collection of the same, 
the county clerk, when directed by the county board, shall issue a 
warrant under his hand and seal of office, directed to any sheriff, 
coroner or constable of the county, town, city or district to which 
such person may have removed, commanding such officer to 
whom the warrant may be directed to make the amount of such 
tax, together with the costs and charges that may accrue, from 
the personal property of the person owing such tax—distraint 
and sale of property under this section to be in the same manner 


suit is within the jurisdiction of the court, but there is want of jurisdiction of the 
person, the officer executing- the process is not liable, unless the want of jurisdiction 
appears by the process. Therefore, where a county clerk places property, which is 
the subject of taxation, upon the tax list within the proper time and assesses the 
same with a tax, in pursuance of the statute prescribing his duties in this respect, 
but without notice to the party interested, the collector is not a trespasser in the 
collection of such tax, by reason of such want of notice, unless it is disclosed by the 
tax list and warrant, or otherwise personally known to the treasurer. Champaign Co. 
Bank v. Smith, 7 Ohio St. R., 42. 

Where irregularities occur in the listing of property, but which do not have the 
effect to render the tax wholly void, the treasurer, who has distrained for taxes 
unpaid, will not be liable to an action for such irregularity, which is not his fault. 
Exchange Bank Columbus v. Hines, 2 Ohio St. R., 1. 

When it becomes necessary for the collector to levy upon and sell the goods and 
chattels of any person for the collection of taxes, it will be lawful for him to sell the 
same at any time before the time he is required to pay over the money to the 
county treasurer, and other officers mentioned in his warrant, having made a levy 
within the proper time. Sheldon v. Van Buskirk, 2 Comstock R., 473. See post, 
if 175, § 169. 

A court of equity will enjoin the sale of the property of one man levied on by 
i he collector of taxes, for the taxes of another person. Deming et al. v. James, 
72 Ill. R., 79. 







494 


REVENUE. 


[Div. VIII. 


as provided in this Act for other cases of distraint and sale of 
personal property. The taxes which may be collected under this 
section shall be disposed of in the manner required by this Act 
with respect to taxes collected in any other manner. All other 
parts of this Act providing for cases of failure of officers to pay 
over taxes, shall apply to all officers, collecting taxes under this 
section, who fail to pay over and correctly account at the proper 
time and manner for the taxes collected by them. 

167. Collection after return of county collector.] § 161. The 
power and duty to levy and collect any tax due and unpaid, shall 
continue in and devolve upon the county collector and his suc¬ 
cessors in office, after his return and final settlement until the tax 
is paid; and the warrant attached to the collector’s book, shall 
continue in force and confer authority upon the collector to whom 
the same was issued and upon his successors in office, to collect 
any tax due and uncollected thereon, although such books may 
have been returned, or the tax carried forward into any other 
book. This section shall apply to all collectors’ books and tax 
warrants heretofore issued, upon which taxes may be due and 
unpaid, as well as those hereafter issued. [As amended by Act 
approved May 29, 1879. In force July 1, 1879. Laws 1879, p. 
246. 

168. Payment on part of tract—Undivided Interest.] 

§ 162. The collector shall receive taxes on part of any lot, piece 
or parcel of land charged with taxes, when a particular specifi¬ 
cation of the part is fudnished. If the tax on the remainder of 
such lot or parcel of land shall remain unpaid, the collector shall 
enter such specification in his return, so that the part on which 
the tax remains unpaid may be clearly known. The tax may be 
paid on an undivided share of real estate. In such case the col¬ 
lector shall designate on his record upon whose undivided share 
the tax has been paid. 

169. Entry of payment—Receipts— Evidence—Name, etc., 
of owner.] § 163. Whenever any person shall pay the taxes 
charged on any property, the collector shall enter such payment 
in his book, and give a receipt therefor, specifying for whom paid, 
the amount paid, what year paid for, and the property and 
value thereof on which the same was paid, according to its 
description in the collector’s book, in whole or in part of such 
description, as the case may be; and such entry and receipt shall 
bear the genuine signature of the collector or his deputy re¬ 
ceiving such payment; and whenever it shall appear that any re¬ 
ceipt for the payment of taxes shall be lost or destroyed, the 
entry so made may be read in evidence in lieu thereof. The col- 




Div. VIII.] SWORN STATEMENTS OF COLLECTORS. 


495 


lector shall enter the name of the owner, or the person paying 
tax, opposite each tract or lot of land, when he collects the 
tax thereon, and the post office address of the person paying such 
tax. [As amended by Act approved June 2, 1881. In force July 
1, 1881. Laws 1881, p. 136. 

SWORN STATEMENTS OF COLLECTIONS TO BE MADE- 

PAYMENTS. 

170. Thirty-day settlements with cities, etc. 

171. Thirty-day settlements with county collector. 

172. Local taxes to be paid over, etc. 

173. Final settlement for local taxes before return. 

174. Duplicate receipts. 

170. Thirty day settlements with cities, etc.] § 164. Town 
and district collectors shall, every thirty days, when required to 
so do by the proper authorities of incorporated towns, cities and 
villages, road and school districts, for which any tax is collected, 
render to said authorities a statement of the amount of each kind 
of tax collected for the same, and at the same time pay over to 
such authorities the amount so shown to be collected. 1 [As 
amended by Act approved May 3, 1873. 1 

171. Thirty days settlements with county collector.] § 165. 
Such town and district collectors shall, every thirty days, render 
a similar account of the taxes payable to the State treasury, and 
of the county taxes, to the county collector, and at the same time 
pay over the amount of such taxes to said county collector. 

172. Local taxes to be paid over, etc.] § 166. Said town 
and district collectors shall pay over the town, road, school and 
other local taxes, as may be directed in the warrant attached to 
the collector’s book. 

173. Final settlement for local taxes before return.] § 167. 
Each town and district collector shall make final settlement for 
the township, district, city, village and town taxes, charged in 
the tax books, at or before the time fixed in this Act for paying 
over and making final settlement for State and county taxes col¬ 
lected by them. In such settlements, said collectors shall be en¬ 
titled to credit for the amount of their commissions on the 
amount collected, and for the amount uncollected on the tax 
books, as may be determined by the settlement with the county 
collector. 

(1) Where a collector pays school moneys belonging to a school district to any 
person other than the treasurer of the proper township, he will be guilty of a 
breach of his bond, and liable to nominal damages, although the person receiving 
the money, upon discovery of the mistake, pays over the same to the proper school 
district officers, so that such district, in fact loses nothing. People, use, etc. v. 
Teasel, 84 Ill. R„ 539. 




496 


REVENUE. 


[Div. VIIl. 


174. Duplicate receipts.] § 168. The officer to whom any 
such moneys may be paid, under the preceding sections, shall de¬ 
liver to the collector duplicate receipts therefor. 

RETURN OF TOWN AND DISTRICT COLLECTORS TO THE 
COUNTY COLLECTOR. 

175. When return made. 

176. Form of return as to personal tax. 

177. Credits, etc. 

178. Form of return as to real estate. 

179. To note what personal tax can be collected from real estate. 

180. Suit on bond. 

181. Satisfaction piece. 

182. Satisfaction piece may be recorded—Effect. 

183. Delinquent defined. 

175. When return made.] § 169. Town and district collect¬ 
ors shall return the tax books, and make final settlement for the 
amount of taxes placed in their hands for collection, on or be¬ 
fore the tenth day of March next after receiving the tax books: 
Provided, that the county collector may first notify, in writing, 
the several towns or district collectors upon what day, within 
twenty days after the tenth day of March, they shall appear at 
his office to make final settlement, and at the time of making 
return to the county collector, each town or district collector in 
counties under township organization, shall make out and de¬ 
liver to the county collector a detailed statement, in writing of 
the amount of taxes he has been unable to collect on real estate 
and from persons charged with personal property taxes, which 
statement shall show each kind of tax, the same as in the tax 
book delivered to him by the county clerk, and shall show the 
number of the page of the tax book and the number of the line 
of the page on which the item appears to be delinquent, and in 
case where no taxes have been paid on any one page on the col¬ 
lector’s book, the page footings of the taxes on such pa^e may 
be copied into such statement. It shall not be necessary to give 
in the statement the description of the real property delinquent, 
nor the names of the owners thereof, nor the names of the per¬ 
sons delinquent for personal property taxes. The town or dis¬ 
trict collector shall add up the delinquent taxes in said statement 
and make a summary thereof, setting forth the aggregate amount of 
each kind of tax and the total delinquent, in the same manner as in 
his warrant, and shall make oath that said statement is true and 
correct. [As amended by Act approved and in force May 31, 
1881. Laws 1881, p. 131. 

176. Form of return as to personal tax.] §170. If any 
town or district collector shall be unable to collect any tax 
on personal property, charged in the tax book, by reason of the 



Div. VIII.1 SWORN STATEMENTS OF COLLECTORS. 


49 


removal or insolvency of the person to whom said tax is charged, 
01 on account of any error in the tax book, he shall, at the time 
of returning his book to the county collector, note, in writing, 
opposite the name of each person charged with such tax, the 
cause of failure to collect the same, and shall make oath that the 
cause of delinquency or error noted is true and correct, and that 
such sums remain due and unpaid, and .that he has used due dili¬ 
gence to collect the same, which affidavit shall be entered upon 
said collector s book, and be signed by the town or district col¬ 
lector. 1 [As amended by Act approved May 29, 1879. In force 
July 1, 1879. Laws 1879, p. 247. 

177. Credits, etc.] § 171. Upon the filing of said book, the 
county collector shall allow the town or district collector credit 
for the amount of taxes therein stated to be unpaid, and shall credit 
the same to the several funds for which said tax was charged. When 
the county collector makes settlement with the county board, 
such statements shall be sufficient voucher to entitle him to 
credit for the amount therein stated, less such amount thereof, 
if any, that may have been collected by him. In no case shall 
any town or district collector, or county collector, be entitled to 
abatements for personal property tax until the statement and affi¬ 
davit are filed. [As amended by Act approved May 29, 1879. In 
force July 1, 1879. Laws 1879, p. 247. 

178. Form of return as to real estate.] § 172. Each town 
or district collector, at the time of returning his tax book to the 
county collector, shall make affidavit, to be entered upon such 
book and subscribed by the collector, that the taxes charged 
against each tract or lot, or assessment of personal property re¬ 


el) The affidavit of the town collector as to delinquent personal property, where 
the list shows the cause of inability to collect to have been insolvency or removal, 
is final when there is no real estate. Opinion Auditor Miner, Jan. 20, 1868; City of 
Ottawa v. Macy, 20 Ill. R., 423. 

Town collectors can make no corrections or deductions from valuations made 
by the assessor on real or personal property. Inability to collect on account of re¬ 
movals or insolvency of the tax payer are the only causes entitling the collector to 
a credit for the amount of such tax on personal property, in his settlement with the 
county collector. Opinion Auditor Lippincott, Feb. 7, 1870. 

Assessment of personal property creates no lien on the property; a lien is created 
by the delivery of the collector’s books. Hill et al. v. Figley, 23 Ill. R., 418. It is 
not thought that a collector can levy on the goods owned jointly or as a company 
for the tax of individuals. The tax is a debt due from the person assessed, and is 
not discharged by the collector’s return, delinquent. The board of supervisors have 
authority to cause prosecution for collection. The cause of inability to collect per¬ 
sonal property tax must be shown in each case, and if the affidavit thereto is made 
according to law, the countv treasurer has no discretion, but must allow the credit. 
City of Ottawa v. Macy, 20 Ill. R., 413. The collector should be allowed time to com¬ 
plete any proceedings commenced under his warrant, before the time of its expira¬ 
tion. Opinion Auditor Lippincott. Feb. 17, 1869; Opinion Auditor Miner, May 11, 1868. 

It is not essential to the jurisdiction of the court to render judgment for taxes 
against delinquent lands, that the town collector should make and return to the 
county collector an affidavit, showing what taxes are delinquent; the delinquent list 
reported by the county collector to the county clerk, is prima facie evidence of 
delinquency upon which, unless overcome by other evidence the court may render 
judgment. Fisher v. The People, 84 Ill. R., 491. 





498 


REVENUE. 


[Div. VIII. 


main due and unpaid at the date of making such affidavit in 
each case where there does not appear in the proper column the 
amount of such taxes-as having been paid to such collector, and 
the date of payment and the name of any person as having paid 
the same; which affidavit s shall be prima facie evidence of the 
facts therein stated. [As amended by Act approved May 29, 
1879. In force July 1, 1879. Laws 1879, p. 247. 

179. To note what personal tax can be collected from real 
estate.] § 173. Each town or district collector shall particularly 
note, in his returns to the county collector, all cases of personal 
property tax that he was unable to collect, which can be made 
from real estate of the person owing such tax. 

180. Suit on bond.] § 174. If the town or district collector 
shall fail to appear and make final settlement, or pay over the 
amount in his hands, when required in this Act, the county col¬ 
lector shall forthwith cause the bond of such collector to be put 
in suit, and recovery may be had thereon for the sum due, for 
all taxes and special assessments, and twenty-five per cent, there¬ 
on as damages, with costs of suit. 

181. Satisfaction piece.] § 175. Upon the final settlement 
of the amount of taxes directed to be collected by any collector, 
in any of the towns or districts in this State, the county collector 
shall, if requested, give to such collector, or any of his securities, 
a satisfaction piece in writing. 

182 . Satisfaction piece may be recorded—Effect.] § 176. 

Such satisfaction piece may be recorded in the recorder’s office, 
and when so recorded shall operate as a discharge of the securi¬ 
ties and the lien upon the property of the collector, except as to 
all suits commenced upon such bond within three years after the 
recording of the same. 

183. Delinquent defined.] § 177. All real estate upon 
which taxes remain due and unpaid on the tenth day of March, 
annually, or at the time the town or district collector makes re¬ 
turn of his books to the county collector, shall be deemed delin¬ 
quent ; and all such due and unpaid taxes shall bear interest after 
the first day of May at the rate of one per cent, per month until 
paid or forfeited; parts or fractions of a month shall be reck¬ 
oned as a month, and all such collections on account of interest 
shall be paid into the county treasury to be used for county pur¬ 
poses. [As amended by Act approved May 29, 1879. In force 
July 1, 1879. Laws 1879, p. 253. 



Div. VIII.] RETURN TO COUNTY COLLECTOR. 


499 


RETURN OF DELINQUENT SPECIAL ASSESSMENT. 

184. To county collector—His duties—Transfer of amounts. 

185. Demand for assessment when tax paid. 

184. To county collectors—His Duties — Transfer of 
amounts.] § 178. When any special assessment made by any 
city, town or village, pursuant to its charter, or by any corpor¬ 
ate authorities, commissioners or persons, pursuant to law, re¬ 
main unpaid in whole or in part, return thereof shall be made to 
the county collector on or before the tenth day of March next 
after the same shall have become payable, in like forms as re¬ 
turns are made for delinquent land tax. County collectors shall 
collect, account for, and pay over the same to the authorities or 
persons having authority to receive the same, in like manner as 
they are required to collect, account for and pay over taxes. The 
county collector may, upon return of delinquent special assess¬ 
ments to him, transfer the amounts thereof from such returns to 
the tax books in his hands, setting down therein, opposite the 
respective tracts, or lots, in proper columns to be prepared for 
that purpose, the amounts assessed against such tract or lot. 1 [As 
amended by Act approved May 3, 1873. See Revenue, 285, 
§279; ft 305, §5; H309, §9, post. 

185. Demand for assessment when tax paid.] § 179. When 
any special assessment is returned against property, the taxes 
upon which shall have been paid to the town or district collector, 
it shall be the duty of the county collector to cause demand to 
be made for the payment of such special assessment, or a notice 
thereof to be sent'by mail, or otherwise, to the owner, if his 
place of residence is known. The certificate of a collector that 
such demand was made, or notice given, shall be evidence thereof. 

COUNTY COLLECTOR’S RECEIPTS—POWERS. 

186. Form of receipt. 

187. Powers to collect. 

186. Form of receipt.] § 180. On the application of any 
person to pay any tax or special assessment upon any real prop¬ 
erty, it shall be the duty of the county collector to make out to 
such person a receipt, in which shall be noted all taxes and assess¬ 
ments upon such property returned to such collector, and not 
previously paid. [As amended by Act approved June 2, 1881 
Laws 1881, p. 136. 

187. Powers to collect.] §181. County collectors shall 
have the same powers, and may proceed in the same manner, for 


(1) The People ex 
rel. Miller. 80 Ill., 601. 


rel. Miller v. Breslin, 80 Ill., 423; Lehmer v. The People ex 





500 


REVENUE. 


[Div. VIII. 


the collection of any tax on real or personal property, as town or 
district collectors; and if in any town or collection district the 
office of town or district collector is or shall become vacant, and 
such vacancy shall not be filed on or before the tenth day of 
March next following such vacancy, or if in any town or collec¬ 
tion district the books for the collection of taxes, for any reason, 
have not been, or shall not be, delivered to the town or district 
collector, on or before the tenth day of March in any year, the 
county clerk shall deliver all such collector’s books to the county 
collector of such county having annexed to each of such books 
a warrant under the hand and official seal of the county clerk, 
commanding such county collector to collect from the several 
persons named in such books, the several sums of taxes therein 
charged opposite their respective names, and authorizing him in 
case any person named in such collector’s books shall neglect or 
refuse to pay his personal property tax, to collect the same by 
distress, and sale of the goods and chattels of such person. It 
shall thereupon be the duty of such county collector to collect 
and pay over all taxes, assessments, and other charges shown in 
such books and to do all acts, required of him by law, in like 
manner as if such taxes, assessments, and other charges, had 
been duly returned delinquent by a town or district collector. 
The collector’s books so delivered to the county collector, by the 
county clerk, shall, for all purposes, in all subsequent proceed¬ 
ings, be used in the same manner, and have the same force and 
effect as if said books were delivered to the town or district col¬ 
lectors, and duly returned by them, as provided by law. When 
any injunction restraining the collection of taxes shall be dis¬ 
solved after the tax books shall have been returned to the county 
collector, such taxes or the portion thereof, upon which such in¬ 
junction shall have been dissolved, shall be paid to the county 
collector, who shall have the same power and shall proceed in 
the same manner for the collection of such taxes, as though the 
same or such portion thereof had never been enjoined. [As 
amended by Act approved May 29, 1879. In force Tuly 1, 1879. 
Laws 1879, p. 248. 

ADVERTISEMENT FOR JUDGMENT AND SALE. 

188. Advertisement. 

189. Proceedings against real estate for personal tax. 

190. Figures, etc., used—Advertisement, etc. 

191. When application for judgment made, etc. 

192. Copies of papers containing advertisement. 

193. Error in advertisement. 

194. When delinquent list filed—Form of. 

195. Tax may be paid before sale. 

196. Payments reported—List corrected. 



Div. VIII.] ADVERTISEMENT FOR JUDGMENT. 


501 


188. Advertisement.] § 182. At any time after the first 
day of April next after such delinquent taxes and special assess¬ 
ments on lands and lots shall become due, the collector shall 
publish an advertisement, giving notice of the intended applica¬ 
tion for judgment for sale of such delinquent lands and lots, in 
a newspaper published in his county, if any such there be, and 
if there be no such paper printed in his county, then in the near¬ 
est newspaper in this state to the county seat of such county. 
Said advertisement ^hall be once published at least three weeks 
previous to the term of the county court at which judgment is 
prayed, and shall contain a list of the delinquent lands and lots 
upon which the taxes or special assessments remain due and 
unpaid, the names of owners if known, the total amount due 
thereon, and the year or years for which the same are due. Said 
collector shall give notice that he will apply to the county court, 
at the .... term thereof, for judgment against said lands and 
lots for said taxes, special assessments, interest and costs, and 
for an order to sell said lands and lots for the satisfaction thereof; 
and shall also give notice that, on the_ Monday next suc¬ 

ceeding the day fixed by law for the commencement of such term 
of the said county court, all the lands and lots for the sale of 
which an order shall be made, will be exposed to public sale at 
the building where the county court is held in said county, for 
the amount of taxes, special assessments, interest and cost due 
thereon; and the advertisement published according to the pro¬ 
visions of this section shall be deemed to be sufficient notice of 
the intended application for judgment and of the sale of lands 
and lots under the order of said court. Where the publisher of 
any paper that may have been selected by the collector shall be 
unable or unwilling to publish such advertisement, the collector 
shall select some other newspaper, having due regard to the cir¬ 
culation of such paper. 1 [As amended by Act approved May 
3, 1873. See § 185, § 187. 


(1) The delinquent tax list is not required by law to be published in the paper 
having the largest circulation in the county, or out of it. Opinion Auditor Miner, 
March 11, 1868. 

The publication must be made precisely as directed by law. Scammon v. City of 
Chicago, 40 Ill. R., 146. 

Application for judgment against delinquent lands, and for an order of sale, 
may be made to the county court at the June term. The collector is not compelled 
to make it at the May term. The People ex rel. v. Nichols, 49 Ill. R., 517. 

A notice which omits to state that an order for sale will be applied for when the 
application for judgment is made, is insufficient and subsequent proceedings are void. 
Charles v. Waugh, 35 Ill. R., 315. 

The statute form of advertisement must be strictly followed. The omission of 
the title of the collector after his name signed thereto, was held to be fatal. Spear 
v. Ditty, 7 Vt. R., 282. Where the notice was for “repairing and building bridges,” 
and the tax authorized was for making and repairing roads and building bridges, it 
was held insufficient. Charles v. Waugh. 35 Ill. R., 315. 

It is not necessary to specify in detail the several classes of tax in the a<Jver» 






502 


REVENUE. 


[Div. VIII. 


189. Proceedings against real estate for personal tax. ] § 183. 

When it becomes necessary to charge the tax on personal prop¬ 
erty against real property, the county collector shall select for 
that purpose some particular tract or lots of real property owned 
by the person owing such personal property tax; and in his ad¬ 
vertisement for judgment and sale, shall designate the particular 
tract or lots of real property against which such personal prop¬ 
erty tax is charged, and in the list filed for judgment, the same 
facts shall be shown, and the court shall take cognizance thereof, 
and give judgment against such tract or lots of real property, for 
such personal property tax. 1 [See 261, § 255. 

190. Figures, etc., used—Advertisement, etc.] § 184. In 

all advertisements for the sale of lands and lots for taxes or 
special assessments, and in entries required to be made by the 


tisements of delinquent lands; this, however, does not apply to the list to be filed 
with the clerk, or the record for judgment, but to the advertisement only. Opinion 
Auditor Miner, March 2, 1867. 

To give the court jurisdiction it is not necessary that the collector’s notice should 
specify the first day of the term of the court to which application is made, and by 
authority of fl 27, § 26 of this act, a discretion is given to the collector to select the 
term of court at which he will make application for judgment. Parks et al. v. 
Miller, Treasurer, etc., 48 Ill. R., 360. 

The law contemplates a pertinent description of the land in the advertisement of 
sale. It should be so described that the owner may know that the tax on his land 
Is unpaid, and that purchasers may know the precise land intended. A description 
as 485 acres of a certain tract named, without location, is insufficient. A description 
as 150 acres, part of section 36, northwest corner, is too indefinite and defective. A 
description as 60 acres, part of the north half of section 13, is too vague and uncer¬ 
tain. A description as 2-3 of block 4, in etc., is void for uncertainty. A description 
as lot 11, block 20, Roberts & Randall’s addition, with no other description, except 
that the notice was headed “Auditor’s Office, Ramsay County, Minn., St. Paul, De¬ 
cember 8, 1862,” is insufficient. A sale by such descriptions would confer no title. 
Douglas v. Dangerfield, 10 Ohio R., 152; Stewart v. Aten, 5 Ohio R., 257; Rafferty v. 
Byers, 5 Ohio R., 558; 2 Id., 2S7; 3 Id., 272; Treon v. Emerick, 6 Ohio R., 391; 
Burchard v. Hubbard, 11 Ohio R., 316; Bidwell v. Coleman, 11 Minn. R., 78; Bidwell 
v. Webb, 10 Minn. R., 59. 

The county collector has no authority to advertise delinquent lands in subdivi¬ 
sions different from the assessment. Citing Blackwell on Tax Titles, 330. Opinion 
Att’y Gen. Cole, vol. 1, p. 392. 

Where a lot of land is listed for taxation, together with eight others, and so 
advertised for sale, but the assessment of tax is one aggregate sum on all, a sep¬ 
arate sale and conveyance of them is unlawful and confers no title. Wiley v. Scoville, 
9 Ohio R., 43. 

An omission of the record to show that a copy of the notice of an application for 
judgment against lands and lots, for taxes due thereon, is filed as a part of the 
records of the court, is fatal to the application. The filing of such copy is an 
essential part of the necessary foundation for the judgment sought. People ex rel. 
v. The owners, etc., 82 Ill. R., 408. 

A certificate of publication stating that "the foregoing was duly published in the 
Peoria Democratic Press,” etc., immediately following the tax list, will be held to 
refer to such tax list, and it will be presumed that the paper was a newspaper. 
Jackson v. Cummings, 15 Ill. R., 451. 

The law in relation to change of venue and trial by jury has no application to 
proceedings for judgment against delinquent lands. Mix v. The People ex rel., 86 
Ill. R., 312. 

The collector is not bound to prove, on an application for judgment against 
delinquent lands, that the land was regularly assessed, or make any proof of the 
acts of the assessor. It will be presumed the assessor and all other officers did their 
duty. If any objections exist, it is for the land owner to show them. Mix v. The 
People ex rel., 86 Ill. R., 312. 

On application for judgment, it is no defense that the property was valued too 
high, when it was not fraudulently done. Spencer v. The People, 68 Ill. R., 510. 

(1) Personal property tax when added to real estate becomes a part of the 
tax charge upon such real estate and must so appear in the “delinquent list.” Opin- 
ioi^Auditor Needles, May 7, 1878. 




Div. VIII.] 


ADVERTISEMENT FOR JUDGMENT. 


503 


clerk of the court or other officer, letters, figures and characters 
may be used to denote townships, ranges, sections, parts of sec¬ 
tions, lots or blocks, or parts thereof, the year or the years for 
which the taxes were due, and the amount of taxes, special as¬ 
sessments, interest and costs; and the whole of the advertisement 
shall be contained in one edition of such newspaper and its sup¬ 
plement, if such supplement is necessary: Provided, that noth¬ 
ing contained in this section shall prevent the county collector 
from subsequently advertising and obtaining judgment on lands 
or lots that may have been omitted through no fault of the col¬ 
lector, or that may have been erroneously advertised or de¬ 
scribed in the first advertisement. 1 

191. When application for judgment made, etc.] § 185. All 
applications for judgment and order of sale for taxes and special 
assessments on delinquent lands and lots shall be made at the 
June term of the county court. If, from any cause, the court 
shall not be holden at the term at which judgment is prayed, the 
cause shall stand continued; and it shall not be necessary to re¬ 
advertise the list or notice required by law to be advertised be¬ 
fore judgment and sale, but at the next regular term thereafter 
the court shall hear and determine the matter; and if judgment is 
rendered, the sale shall be made on the Monday specified in the 
notice, as provided in section 182, such Monday to be fixed by 
the county collector in the notice. If, for any cause, the col¬ 
lector is prevented from advertising and obtaining judgment at 
said term it shall be held to be legal to obtain judgment at any 
subsequent term of said court; but if the failure arises by the 
county collector’s not complying with any of the requirements 
of this Act, he shall be held on his official bond, for the full 
amount of all taxes and special assessments charged against him: 
Provided, that any such failure on the part of the county col¬ 
lector shall not be allowed as a valid objection to the collection 
of any tax or assessment, or to rendition of a judgment against 
any delinquent lands or lots, included in the application of the 
county collector: And, proznded, further, that on the applica¬ 
tion for judgment, at such subsequent term, it shall not be deemed 
necessary to set forth or establish the reasons of such failure: 
And, provided, further, that in counties where Probate Courts 
have been or may hereafter be established it shall be lawful to 
make such application for judgment and order of sale to the May 
term of the county court. [As amended by Act which became 
a law and in force June 26, 1895. Laws 1895, p. 297. 


(2) Chiniquy v. The People, 78 Ill., 570. 




504 


REVENUE. 


[Div. VIII. 


192. Copies of paper containing advertisement.] § 186. The 
printer, publisher, or financial officer or agent of the newspaper 
publishing the list of delinquent lands and lots, shall transmit, 
by mail or other safe conveyance, to the collector, four copies of 
the paper containing said list, to one of which copies he shall 
attach his certificate, under oath, of the due publication of the 
delinquent list for the time required by law (which copy shall be 
presented by the collector to the county court at the time judg¬ 
ment is prayed), and said copy shall be filed as part of the rec¬ 
ords of said court. Upon receipt of said papers, and on demand 
being made, the collector shall pay to the printer the amount of 
the fees allowed by law for publishing said list and notice; and it 
shall be his duty to file one copy of said paper in his office, and 
deliver one copy to the auditor, and one copy to the state treas¬ 
urer, who shall file and safely preserve them in their respective 
offices. 2 [See Revised Statute, chap. 53, § 22. 

193. Error in advertisement.] § 187. In all cases where 
there is an error in the advertised list, the fault thereof being the 
printer’s, which prevents judgment from being obtained against 
any tracts or lots, or against all of said delinquent list, at the time 
stated in the advertisement that judgment will be applied for, 
the printer shall lose the compensation allowed by this Act, for 
such erroneous tracts or lots, or entire list, as the case may be. 

194. Delinquent list—Form.] § 188. The collector shall 
transcribe into a book, prepared for that purpose, and known as 
the tax, judgment, sale, redemption, and forfeiture record, the 
list of delinquent lands and lots, which shall be made out in 
numerical order, and contain all the information necessary to be 
recorded, at least five days before the commencement of the term 
at which application for judgment is to be made; which book shall 
set forth the name of the owner, if known; the proper descrip¬ 
tion of the land or lot, the year or years for which the tax or 
special assessments are due; the valuation on which the tax is 
extended ; the amount of the consolidated and other taxes and 
special assessments; the costs and total amount of charges 


(2) An affidavit of the printer of a newspaper of the publication of the delin¬ 
quent list, and notice of applying for judgment properly sworn to, which states the 
day when the publication was made, and the paper in which the list and notice were 
inserted, will be sufficient proof of publication to confer jurisdiction on the court to 
render judgment. Buck v. The People, 78 Ill. R., 560. 

A certificate of the publisher of a newspaper sworn to, showing a state of facts 
which meets the requirements of the law as to the publication of notice of an appli¬ 
cation for judgment for taxes against delinquent lands, is sufficient, though it may 
not be in the precise words of the statute. Fisher v. The People, 84 Ill. R., 491. 

When the delinquent list is placed in the hands of the printer by the collector 
he is authorized to charge and collect the printers fee provided for by law. although 
the owner of land may offer to pay the taxes before the paper containing the list is 
actually published, Thatcher v. The People, 79 Ill, R., 597, 




Div. VIII.] 


ADVERTISEMENT FOR JUDGMENT. 


505 


against such land or lot. Said book shall also be ruled in coiumns, 
so as to show the amount paid before the rendition of 
the amount of judgment, and a column for remarks; the amount 
paid before sale and after the rendition of said judgment, the 
amount of the sale, amount of interest or penalty, amount of cost, 
amount forfeited to the state, date of sale, acres or part sold, name 
of purchaser, amount of sale and penalty, taxes of succeeding 
years, interest and when paid, interest and cost, total amount of 
redemption, date of redemption, when deed executed, by whom 
redeemed, and a column for remarks, or receipt, of redemption 
money. [As amended by Act approved May 29, 1879. In force 
July 1, 1879. Laws 1879, p. 248. 

195. Tax may be paid before sale.] § 189. Any person 
owning or claiming lands or lots upon which judgment is prayed, 
as provided in this Act, may, in person or by agent pay the taxes, 
special assessments, interest and costs due thereon, to the county 
collector of the county, in which the same are situated, at any 
time before sale. [As amended by Act approved May 29, 1879. 
In force July, 1879. Laws 1879, p. 249. 

196. Payments reported—List corrected.] § 190. On the 
first day of the term at which judgment on delinquent lands and 
lots is prayed, it shall be the duty of the collector to report to 
the clerk all the lands, or lots as the case may be, upon which 
taxes and special assessments have been paid, if any, from the 
filing of the list mentioned in section one hundred and eighty- 
eight up to that time; and the clerk shall note the fact opposite 
each tract upon which such payments have been made. The 
collector assisted by the clerk, shall compare and correct said 
list, and shall make and subscribe an affidavit, which shall be as 
nearly as may be, in the following form: 

I,-, collector of the county of-, do solemnly swear [or affirm, 

as the case may be] that the foregoing is a true and correct list of the de¬ 
linquent lands and lots within the county of -, upon which I have 

been unable to collect the taxes [and special assessments, interest, and 
printer’s fees, if anv] charged thereon, as required by law, for the year or 
years therein set forth; that said taxes now remain due and unpaid, as I 
verily believe. 

Said affidavit shall be entered at the end of the list, and 
signed by the collector. 1 [As amended by Act approved May 
29, 1879. In force July 1, 1879. Laws 1879, p. 249. 1 


( 1 ) A collector's report of delinquent lands, which shows that he was collector 
of taxes for a certain year, and that he had not been able to collect the taxes due 
on the lands in the report mentioned, sufficiently shows for what year the taxes were 
levied. Karnes v. The People, 73 Ill. R., 274. 

The omission of a tract of land or lot from the collector’s return of delinquent 
lands, will not defeat the whole tax, C, & N. W, R, R. Co. v. The People, ex rel, 
Miller, 83 Ill. 457, 








506 


REVENUE. 


[Div. VIII. 


JUDGMENT. 

197. Proceedings by court. 

198. Appeals. 

199. Proceedings for sale in appeal cases. 

197. Proceedings by court.] § 191. The court shall ex¬ 
amine said list, and if defense (specifying, in writing, the particu¬ 
lar cause of objection) be offered by any person interested in any 
of said lands or lots, to the entry of judgment against the same, 
the court shall hear and determine the matter in a summary 
manner, without pleadings, and shall pronounce judgment as 
the right of the case may be. The court shall give judgment for 
such taxes and special assessments and penalties as shall appear 
to be due, and such judgment shall be considered as a several 
judgment against each tract or lot, or part of a tract or lot, for 
each kind of tax or special assessment included therein; and the 
court shall direct the clerk to make out and enter an order for 
the sale of such real property against which judgment is given, 
which shall be substantially in the following form. 2 

Whereas, due notice has been given of the intended application for a 
judgment against said lands and lots, and no sufficient defense having 
been made, or cause shown why judgment should not be entered against 
said lands, and lots, for taxes [special assessments, if any], interest, penal¬ 
ties and costs due and unpaid thereon for the year or years herein set forth, 
therefore it is considered by the court that judgment be and is hereby 
entered against the aforesaid tract or tracts, or lots of land, or parts of 
tracts or lots [as the case may be], in favor of the people of the State of 
Illinois, for the sum annexed to each, being the amount of taxes (and spe¬ 
cial assessments, if any], interest, penalties and costs due severally thereon; 
and it is ordered by the court that the said several tracts or lots of land, or 
so much of each of them as shall be sufficient to satisfy the amount of 
taxes [and special assesments, if any], interest, penalties and costs annexed 
to them severally, be sold as the law directs. 

Said order shall be signed by the judge. In all judicial pro¬ 
ceedings of any kind, for the collection of taxes and special as¬ 
sessments, all amendments may be made which, by law, could 
be made in any personal action pending in such court, and no 
assessment of property or charge for any of said taxes shall be 


Where a statute requires the tax list to be verified by an oath “made and sub¬ 
scribed,” this means an oath duly certified in writing, and the absence of it is fatal 
to the proceedings. Yenda v. Wheeler, 9 Texas R., 408. 

A return or report by the collector of taxes before the sitting of the court to 
which it is by law directed to be made, will be good. Jackson v. Cummings, 15 
Ill. R., 450. 

The provision requiring the affidavit of the collector to be entered at the bottom 
of the record, would probably be answered if entered in the record, although not 
exactly or technically at the bottom. Winder v. Sterling, 7 Ohio R., 26 post. 
H 196, § 190. 

(2) A judgment for taxes, which fails to show the amount of taxes for which 
it is rendered, is fatally defective. The use of numerals, without some mark or 
word indicating for what they stand, is insufficient, and cannot be explained by re- 




Div. VIII.] 


JUDGMENT. 


507 


considered illegal on account of any irregularity in the tax list or 
assessment rolls, or on account of the assessment rolls or tax 
lists not having been made, completed or returned within the 
time required by law, or on account of the property having been 
charged or listed in the assessment or tax list without name, or 
in any other name than that of the rightful owner; and no error 
or informality in the proceedings of any of the officers connected 
with the assessment, levying or collecting of the taxes, not af¬ 
fecting the substantial justice of the tax itself, shall vitiate or in 
any manner affect the tax or the assessment thereof; and any 


ferring to other judgments entered in a corresponding manner at different times. 
Lane v. Bommelmann, 21 Ill. R., 143; Elston et al. v. Kennicott et al., 46 Ill. R., 
189; Chickering et al. v. Failes et al., 38 Ill. R., 342. 

Where a precept and judgment is referred to, to sustain a tax sale, the amount 
should definitely appear in the judgment. An error in the precept might be cor¬ 
rected; but uncertainty as to judgment is fatal. If the judgment is for different 
taxes, there should be certainty as to each. Eppinger v. Kirby, et ux., 23 Ill., R., 521. 

A specific or general judgment for cost in a suit for taxes, as in ordinary cases, is 
good. Jackson v. Cummings, 15 Ill. R., 452; Merritt et al. v. Thompson, 13 Ill. R., 727. 

Judgment can be rendered only for the amount specified in the collector’s notice. 
The People ex rel. v. Nichols, 49 Ill. R., 517. 

The want of the dollar mark in the assessment roll, to designate the amount of 
the valuation or the taxes, will not render the assessment or the collector’s warrant 
invalid and illegal. Elston et al. v. Kennicott et al., 46 Ill. R., 189. 

A judgment cannot be rendered for taxes, a part of which are shown by the 
record to be illegal. Campbell et al. v. People, 41 Ill. R., 454. 

Where material omissions occurred in the record of a judgment, a correction at a 
subsequent term of the court was sustained. Atkins v. Kinman, 2 Gilm, R., 450. 

A judgment rendered on a day prior to that named in the collector’s notice, or 
where the report of the collector does not comply with the law, is void. Pickett v. 
Hartsock, 15 Ill. R., 282. 

The county court has jurisdiction to render judgment against delinquent lands, 
for taxes at any regular term* after April in each year. The statute has not limited 
the rendition of judgment to the first Monday in May; nor does it, in terms, require 
that it shall be at that or any particular term. Stilwell et al. v. People, 49 Ill. R„ 
45; Opinion Auditor Miner, Jan. 20, 1867. 

Where application was made for judgment at the June term of the county 
court and the court refused to enter judgment because the list had not been filed 
five days and a new application was made to the next August term. Held, that the 
refusal at the June term, not having been on the merits, formed no bar to rendering 
a judgment on the second application. Stilwell et al. v. People, 49 Ill. R., 45. 

There may be considerable doubt whether the county clerk has any right to go 
behind the list compared and corrected by the collector and clerk, unless some person 
interested in the lands included therein, appears and objects to the entry of judg¬ 
ment Unless such is the case, the court is not required to determine whether the 
antecedent proceedings are regular. Opinion Auditor Lippincott, Nov. 12,1869. An 

appearance in such a case does not have the effect to waive a material defect in the 

proceedings. The People ex rel. v. Nichols, 49 Ill. R., 517. 

It will be presumed that taxes are properly and legally assessed, and are legally 

and iustly due, in the absence of proof to the contrary. The collectors list and 

report of delinquent lands in the manner prescribed by statute, entitle him to judg¬ 
ment, unless the tax payer satisfactorily shows that the taxes have been paid, or 
some other legal defense to the merits. Buck v. The People, 78 Ill. R., 560. 

In counties under township organization, the county collector, and not the 
sheriff is the proper person to make application for judgment against delinquent 
lands for taxes. Beers et al. v. The People ex rel., 83 Ill. R., 4SS. 

The courts are not inclined to entertain merely formal objections to taxes 
levied by municipalities, where the irregularities complained ot do not aftec unjus ly 
thp rie-hfq of the citizen. Purrington et al. v. Ihe people, ex ret., /y in., it., 11 . 
Courts can only look to objections which affect the substantial justice of the tax. 
Thatcher v. The People, ex rel., 79 Ill. R-, 579. 

wwe O nartv annears before the county court and makes specific objections to 
a luYgment fSf axes PP a|Iinst his land, hut none on account of the levy not being 
a judgment. ioi *> t he legality of the levy, and can not be per¬ 

muted to "Sueliion it for the first time in the Supreme Court. Kamet v. The People, 
73 Ill. R., 274. 




508 


REVENUE. 


[Div. VIII. 


irregularity or informality in the assessment roll or tax lists, or 
in any of the proceedings connected with the assessment or levy 
of such taxes or any omission or defective act of any officer or 
officers connected with the assessment or levying of such taxes, 
may be, in the discretion of the court, corrected, supplied and 
made to conform to law by the court, or by the person (in the 
presence of the court) from whose neglect or default the same 
was occasioned. 1 * * * * [As amended by Act approved May 3, 1873. 
See § 88, Const., art. 9, § 4. 

198. Appeals.] § 192. Appeals from the judgment of the 
court may be taken during the same term to the Supreme Court 
on the party praying an appeal executing a bond to the People of 
the State of Illinois, with two or more sureties to be approved by 
the court, in some reasonable amount to be fixed by the court, 
conditioned that the appellant will prosecute his said appeal with 
effect, and will pay the amount of any tax assessment, and cost 
which may finally be adjudged against the real estate involved in 
the appeal by any court having jurisdiction of the cause. But no 
appeal shall be allowed from any judgment for the sale of lands 
or lots for taxes, nor shall any writ of error to reverse such 
judgment operate as a supersedeas, unless the party praying 
such appeal or desiring such a writ of error, shall before taking 
such appeal or suing out such writ of error, deposit with the 
county collector an amount of money equal to the amount of the 
judgment and costs. If in case of an appeal, or suing out a writ 
of error, the judgment shall be affirmed in whole or in part, the 
supreme court shall enter judgment for the amount of the taxes 
with damages, not to exceed ten per cent, and order that the 
amount deposited with the collector, aforesaid, or so much thereof 
as may be necessary, shall be credited upon the judgment so ren¬ 
dered, and execution shall issue for the balance of said judgment, 
damages and costs. The clerk of the supreme court shall trans¬ 
mit to said county collector, a certified copy of the order of af¬ 
firmance, and it shall be the duty of the collector, upon receiving 
the same, .to apply so much of the amount deposited with him, 
as aforesaid, as shall be necessary to satisfy the amount of the 
judgment of the supreme court, and to account for the same as 
collected taxes. If the judgment of the county court shall be 
reversed and cause remanded for a rehearing, and if upon the 
rehearing, judgment shall be rendered for the sale of lands or 
lots for the taxes, or any part thereof, and such judgment be not 


(1) Law v. The People, ex rel. Miller, 80 Ill.. 268; Lehmer v The Peonle 8ft 

111.. 601: Walsh v. The People, ex rel. Rumsey, 79 Ill., 521; Thatcher v The Peoole 

ex rel. Miller, 79 Ill. 597: Buck v. The People, ex rel. Swigert, 78 Ill.. 560 Ch^Sv 

v. The People, ex rel. Swigert. 78 Ill.. 570; Dunham v. Miller. 75 Ill 379 - Andrew* 

111., 347, W. 6 ' ” I "-' Wa ' ker V ' The Pe °P ,e ' 75 Gage v Peop"e 2U 




Div. VIII.] 


SALE OF DELINQUENT LANDS. 


509 


appealed from, or a writ of error prosecuted with supersedeas 
issued thereon, as herein provided, the clerk of the county court 
shall certify to the county collector the amount of such judgment, 
and thereupon it shall be the duty of the county collector to 
certify to the county clerk the amount deposited with him, as 
aforesaid, and the county clerk shall credit the said judgment 
with the amount of such deposit, or so much thereof as will 
satisfy the judgment, and the county collector shall be charge¬ 
able with, and accountable for, the amount so credited, as col¬ 
lected taxes. Nothing herein contained shall be construed as 
requiring an additional deposit in case of more than one appeal 
or writ of error being prosecuted in said proceedings. If, upon 
a final hearing, judgment shall be refused for the sale of lands 
or lots for the taxes, or any part thereof, the collector shall pay 
over to the party who shall have made said deposit, or his legally 
authorized agent or representatives, the amount of the deposit, or 
so much thereof as shall remain after the satisfaction of the judg¬ 
ment against the premises in respect of which such deposit shall 
have been made. 1 [As amended by Act approved May 25, 1877. 
In force July 1, 1877. Laws 1877, p. 174. 

199. Proceedings in case of appeal.] § 193. If judgment is 
rendered by any court, at any time, against any lands or lots, for 
any tax or special assessment, the county collector shall, after 
publishing a notice for sale, in compliance with the requirements 
of section one hundred and eighty-two of this chapter, proceed 
to execute such judgment by the sale of lots and lands against 
which such judgment has been rendered: Provided, however, 
that in case of an appeal from any such judgment the collector 
shall not sell until such appeal is disposed of. [As amended bv 
Act approved May 29, 1879. In force July 1, 1879. Laws 1879. 
p. 249. 

SALE OF DELINQUENT LANDS. 

200. Process of sale. 

201. Payments noted on list. (Repealed.) 

202. County clerk to assist in sale. 

203. Entry of sale—Redemption. 

204. County to furnish book. (Repealed.) 

205. Forfeited tracts noted. 

206. “Sale and redemption record.” 

207. Manner of conducting sale. 

208. How sold. 

209. Forfeited to the State. 

210. Failure of collector to attend—Liability—Subsequent sale. 

211. Failure of county clerk to attend. 

212. Payment by purchaser. 

(1) Fowler v. Plrkins, 77 Ill., 271; Andrews v. Rumsey et al., 75 Ill., 598; Bryant 
et al. v. The People, 71 Ill., 32. 




510 


REVENUE. 


[Div. VIII. 


213. Certificate of purchase—Assignable—Exception. 

214. Index to tax sale books. 

200. Process for sale.] § 194. On the day advertised for 
sale, the county clerk, assisted by the collector shall carefully 
examine said list upon which judgment has been rendered, and 
see that all payments have been properly noted thereon, and said 
clerk shall make a certificate to be entered on said record, fol¬ 
lowing the order of court that such record is correct, and that 
judgment was rendered upon the property therein mentioned for 
the taxes, interest and costs due thereon, which certificate shall 
be attested by the clerk under seal of the court and shall be the 
process on which all real property or any interest therein shall be 
sold for taxes, special assessments, interest and costs due thereon 
and may be substantially in the following form. 1 

I, -, clerk of the county court, in and for the county of -, do 

hereby certify that the foregoing is a true and correct record of the delin¬ 
quent real estate in said county, against which judgment and order of sale 

was duly entered in the county court of said county, on the - day of 

-, 19—, for the amount of the taxes, special assessments, interest and 

costs due severally thereon as therein set forth, and that the judgment and 
order of court in relation thereto fully appears on said record. 

[As amended by Act approved May 29, 1879. In force July 
1, 1879. Laws 1879, p. 249. 

201. [Repealed by Act approved May 29, 1879. In force 
July 1, 1879. Laws 1879, p. 250. 

202. County clerk to assist in sale.] § 196. The county 
clerk, in person or by deputy, shall attend all sales of real estate 
for taxes, made by the collector, and shall assist at the same. 
[See If 211, §205. 

203. Entry of sale — Redemption.] § 197. When any tract 
or lot shall be sold, it shall be the duty of the clerk to enter on 
the record aforesaid, the quantity sold and the name of the pur¬ 
chaser, opposite such tract or lot, in the blank columns provided 
for that purpose; and when any such property shall be redeemed 
from sale, the clerk shall enter the name of the person redeem- 

(1) Under the Constitution, sale of lands for non-payment of taxes, or special 
assessments for State, county, municipal or other purposes, is to be made by the 
general officer of the county having authority to receive State and county taxes. Hills 
v. City of Chicago, 60 Ill. R., 86; Otes v. City of Chicago, 62 Ill. R., 299; Webster v. 
City of Chicago, 62 Ill. R., 302. 

The precept or certified copy of judgment on which sale is made for non-pay¬ 
ment of taxes, is not process in the strict sense of the word, and need not run in 
the name of the people. Curry v. Hinman, 11 Ill. R., 424; Scarritt v. Chapman, 11 
Ill. R., 444. 

The notice of application for judgment and sale stands as process, and must be 
regular in all respects. Scammon v. City of Chicago, 40 Ill. R., 146. 

Where the report of the collector simply shows the total amount of taxes due, 
without specifying whether the delinquent tax was due to the State or county, such 
error is fatal, and the purchaser at the tax sale can acquire no title. Fox v. Turtle, 
55 Ill. R„ 377. 








Div. VIII.] 


SALE OF DELINQUENT LANDS. 


511 


ing, the date, and amount of redemption, in the proper column. 
[See |f 216, § 210, |f 219, § 213. 

204. County to furnish book.] § 198. The book for such 
record shall be furnished at the expense of the county, and be so 
ruled that there shall be suitable blank columns for entering the 
quantity or portion of each tract or lot that may be sold, the name 
of the purchaser, and such other columns as may be deemed 
necessary. [Repealed by Act approved May 29, 1879. In force 
July 1, 1879. Laws 1879, p. 250. 

205. Forfeited tracts noted.] § 199. All tracts or lots for¬ 
feited to the state at such sale, as hereinafter provided, shall be 
noted on said record. 

206. Sale and redemption record.] § 200. Said book shall 
be known and designated as the tax judgment sale, redemption 
and forfeiture record, and be kept in the office of the county 
clerk. [As amended by Act approved May 29, 1879. In force 
July 1, 1879. Laws 1879, p. 250. 

207. Manner of conducting sale.] §201. The collector, in 
person, or by deputy, shall attend at the court house in his county, 
on the day specified in the notice for the sale of real estate for 
taxes, and then and there, between the hours of nine o’clock in 
the forenoon and four o’clock in the afternoon, proceed to offer 
for sale, separately, and in consecutive order, each tract of land 
or town or city lot in the said list on which the taxes, special 
assessments, interest or costs have not been paid. The sale shall 
be continued from day to day, until all the tracts or lots in the 
delinquent list shall be sold or offered for sale. 1 [As amended 
by Act which became a law and in force June 26, 1895. Laws 
1895, p. 299. See § 204. 

(1) It is the duty of the collector at tax sale to offer the tracts and lots sep¬ 
arately, and to collect the taxes at the least possible loss to the owner. To allow 
a person to select from the list a portion of the delinquent lands, and become the 
purchaser of the whole for the tax due, without competition, is fraudulent. Brown 
et al. v. Hogle et aL, 30 Ill. R., 120. 

In the sale of lands for taxes, the law must be strictly pursued in all its ma¬ 
terial requirements, or the sale will be invalid. Lane v. Bommelmann, 21 Ill. R., 
143; Holbrook v. Dickinson, 46 Id., 285. 

Where the law authorizing a tax is unconstitutional, a tax sale under it is void, 
and the case will be treated as if no assessment had ever been made. Holbrook v. 
Dickinson, 46 Ill. R., 285; Springer v. Rossetter et al., 47 Id., 223. 

A valid tax sale, after a deed is acquired, passes a new and perfect title to the 
purchaser. It is superior in its nature to title under an ordinary sheriff’s deed. 
Atkins v. Hinman, 2 Gilm, R., 449. 

It is fraud for a tenant in common to permit lands held in common to be 
sold for taxes, and become himself the purchaser. Brown et al. v. Hogle et al., 30 
Ill. R., 119. 

When a tax sale is not legally conducted, it works no forfeiture to the owner, 
and no rights are acquired. Conway v. Cable et al., 37 Ill. R., 82. 

The omission of essential acts in conducting a tax sale cannot be cured by legis¬ 
lative enactments so as to render the sale valid. And where the officers conducting 
the sale agree with the purchaser to receive a part only of the amount of taxes due, 
the agreement is illegal. Conway v. Cable et al., 37 Ill. R., 82. 

Lands must be sold as listed. If a block of town lots are listed as one block, 
they must be sold in a body and redeemed in a body; but in case of a large number 




512 


REVENUE. 


[Div. VIIr. 


208. How sold.] §202. The person at such sale offering 
to pay the amount due on each tract or lot for the last percentage 
thereon as penalty, shall be the purchaser of such tract or lot: 
Provided, that no bid shall be accepted for a penalty exceeding 
twenty-five per cent of the amount of such tax or special assess¬ 
ment. [As amended by Act which became a law and in force 
June 26, 1895. Laws 1895, p. 299. 

209. Forfeited to the state.] §203. Every tract or lot so 
offered at public sale, and not sold for want of bidders, shall be 
forfeited to the state of Illinois: Provided, however, that when¬ 
ever the county judge, county clerk and county treasurer shall 
certify that the taxes on forfeited lands equals or exceeds the 
actual value of such lands, the officer directed by law to expose 
for sale lands for delinquent taxes shall, on the receipt of such 
certificate, offer for sale to the highest bidder the tract or lands, 
in such certificate described, after first giving ten days’ notice of 
the time and place of sale, together with a description of the tract 
or lands so to be offered. And a certificate of purchase shall 
be issued to the purchaser at such sale as in other cases in this 
Act provided; and the county collector shall receive credit in his 
settlement with the custodian of the several funds, for which such 
tax was levied for the amount not realized by such sale. And 
the amount received from any such sale shall be paid by such 
collector, pro rata , to the custodian of the several funds entitled 
thereto. [As amended by Act approved June 2, 1881. In force 
July 1, 1881. Laws 1881, p. 137. 

210. Failure of collector to attend.] § 204. If any collector, 
by himself or deputy, shall fail to attend any sale of lands or lots 
advertised according to the provisions of this Act, and make sale 
thereof as required by law, he shall be liable to pay the amount 
of taxes, special assessments and costs due upon the lands or lots 
so advertised. Said collector may afterwards advertise and sell 
such delinquent property to reimburse himself for the amount 

of town lots, held for purposes of speculation, the owner may not he able to re¬ 
deem all, or for special reasons may desire to redeem a part. In summary pro¬ 
ceeding's this right is preserved to the owner. Opinion Att'y Gen. Cole, (Minn.) vol. 
1, p. 400. 

A purchaser at a sale, having an interest in the land as heir, acquires no addi¬ 
tional title; nor does a person claiming title to land which is listed in his name, 
acquire any greater interest by permitting it to be sold for taxes and becoming the 
purchaser. Choteau v. Jones et al., 11 Ill. R., 322. Nor can a mortgagor, by such 
an act, defeat the lien of the mortgage. The purchase by him at tax sale will be 
regarded as payment of taxes. Frye v. Bank of Illinois, 11 Ill. R., 383; Moore v. 
Titman, 44 Id., 367. 

An agent for the payment of taxes on lands, who allows them to be sold, and 
becomes the purchaser, will hold the lands as trustee for his principal. Burton et al. 
V. Moss, 32 Ill. R., 50. 

A person having an agreement for a conveyance of lands, in which he is 
obliged to pay the taxes, acquires no title by allowing them to be sold and becom¬ 
ing the purchaser. The act will be regarded as mere payment of taxes. Oliver et e.1. 
v. Croswell, 42 Ill. R., 42. 






Div. VIII.]'. CERTIFIED COPY OF SALE LISTS. 


513 


advanced by him; but at no such sale shall there be any property 
forfeited to the State. [See 207, § 201. 

211. Failure of county clerk to attend.] § 205. If any county 
clerk shall fail to attend any tax sale of real estate, either in 
person or by deputy, or to make and keep the record, as required 
by this Act, he shall forfeit and pay the sum of $500, and shall be 
liable to indictment for such failure, and upon conviction shall be 
removed from office. Said sum shall be sued for in an action of 
debt, in the name of the People of the State of Illinois, and when 
recovered shall be paid in the county treasury. [See 202, § 196. 

212. Payment by purchaser.] §206. The person purchas¬ 
ing any tract or lot, or any part thereof, shall forthwith pay to 
the collector the amount charged on such tract or lot, and on 
failure so to do, the said tract or lot shall be again offered for 
sale in the same manner as if no such sale had been made; and 
in no case shall the sale be closed until payment is made, or the 
tract or lot again offered for sale. 

213. Certificate of purchase — Assignable — Exception.] 
§ 207. The county clerk shall make out and deliver to the pur¬ 
chaser of any lands or lots sold as aforesaid, a certificate of pur¬ 
chase, to be countersigned by the collector, describing the land or 
lot sold as the same was described in the delinquent list, date of 
such sale, the amount of taxes, special assessments, interest and 
cost for which the same was sold, and that payment has been 
made therefor. If any person shall become the purchaser of 
more than one tract or lot, he may have the whole or one or 
more of them included in one certificate. Such certificate of 
purchase shall be assignable by indorsement, and an assignment 
thereof shall vest in the assignee, or his legal representatives, all 
the right and title of the original purchaser. Provided, that said 
clerk shall include in such certificate of purchase not to exceed 
one lot, block, tract or piece of land as listed, assessed and sold in 
one description, except in cases where such lot, block, tract or 
piece of land is owned by one party or person. [As amended by 
Act approved May 13, 1903. In force July 1, 1903. Laws 1903, 
p. 298. SeeH 231, §225. 

214. Index to tax sale books.] § 208. The county clerk is 
hereby authorized to make an index to tax sale records in a book, 
when furnished by the county—which index shall be kept in the 
county clerk’s office as a public record, open to the inspection of 
all persons during office hours. 

CERTIFIED COPY OF SALE LISTS TO BE SENT TO AUDITOR. 

215. In twenty days after sale. 

215 . In twenty days after sale.] § 209. The county clerk 



514 


REVENUE. 


[Div. VIII. 


shall, within twenty days after any sale for taxes, make out and 
transmit to the auditor a transcript of sales for taxes, which shall 
be written on foolscap paper, made up and stitched in book form, 
suitable for binding. The clerk shall certify to the correctness 
of said transcript, under the seal of his office. Said list shall 
not include any tracts or lots forfeited to the state at such sale. 
The county clerk, for failure to make out, furnish or forward 
said list, as herein required, shall forfeit and pay into the state 
treasury the sum of $500, to be recovered in an action of debt, in 
the name of the People of the State of Illinois, in any court in 
this state having competent jurisdiction. 

REDEMPTION. 

216. Time of redemption—Amount. 

217. When purchaser suffers land to be sold again. 

218. Books, etc.—Evidence—Clerk to pay over money to successor. 

219. Sales in error—Entry. 

220. Purchaser at erroneous sale paid back. 

221. Effect of receipt of redemption money. 

216. Time of redemption — Amount.] §210. Real property 
sold under the provisions of this Act may be redeemed at any 
time before the expiration of two years from the date of sale, 
by payment in legal money of the United States to the county 
clerk of the proper county, the amount for which the same was 
sold together with the amount of the penalty bid at such sale, if 
redeemed at any time before the expiration of six months from 
the day of sale. If between six and twelve months, the amount 
for which the same was sold together with twice the amount of the 
penalty bid; if between twelve and eighteen months, the amount 
for which the same was sold together with three times the amount 
of the penalty bid; and if between eighteen months and two years, 
the amount for which the same was sold together with four times 
the amount of the penalty bid at said sale. The person redeeming 
shall also pay the amount of all taxes and special assessments ac¬ 
cruing after such sale with seven (7) per cent, penalty thereon, 
unless such subsequent tax or special assessment has been paid by 
or on behalf of the person for whose benefit the redemption is made 
and not by the purchaser at the tax sale or his assignee; 1 and it is 

(1) On paying redemption money it is deemed absolutely necessary for the 
clerk to require the surrender of the certificate as a condition precedent to paying 
over the money. Or. in lieu of the certificate, satisfactory proof by affidavit of the 
loss or destruction thereof, without transfer or assignment. Opinion Auditor Miner 
May 29, 1868. 

When, under claim and color of title all the taxes legally assessed are paid 
for the full period of limitation, a bar is created to the redenvption of any portion 
of the property. Chickering et al. v. Failes ex rel., et al., 38 Ill. R., 342. 

The provisions of the limitation act of 1839 empowering minors to redeem land 
sold for taxes, within three years after attaining their majority, by paying to the 
person who has paid the tax, the amount with interest, do not take from them the 
right to redeem within one year after his majority, by paying double the amount etc 
to the collector. Holloway et al. v. Clark, 27 Ill. R., 488. 





Div. VIII.] 


REDEMPTION. 


r» 15 


hereby made the duty of the county clerk to include the amount of 
the subsequent taxes or special assessments paid by the purchaser 
or holder of the tax certificate in his crtihcate of redemption. If 
the real property of any minor heir, idiot or insane person shall 
be sold for non-payment of taxes or special assessments, the same 
may be redeemed at any time after sale and before the expiration 
of one year after such disability be removed upon the terms 
specified in this section, and upon the payment of ten (10) per 
cent per annum the amount due including penalties from and 
after the expiration of two years from the date of sale, which 
redemption may be made by themselves, or by any person in 
their behalf. Tenants in common or joint tenants shall be al¬ 
lowed to redeem their individual interests in real property sold 
under the provisions of this Act, in the same manner and under 
the terms specified in this section for the redemption of other 
real property; any redemption made shall inure to the benefit 
of the person having the legal or equitable title to the property 
redeemed, subject to the right of the person making the same 
to be reimbursed by the person benefited. [As amended by Act 
which became a law and in force June 26, 1895. Laws 1895, 
p. 299. 

217. When purchaser suffers land to be sold again.] § 211. 

If any purchaser of real estate sold for taxes or special assess¬ 
ment shall suffer the same to be forfeited to the state, or again 
sold for taxes or special assessment, before the expiration of the 
last day of the second annual sale thereafter, such purchaser 
shall not be entitled to a deed for such real property until the 
expiration of a like term from the date of the second sale or 
forfeiture, during which time the land shall be subject to redemp¬ 
tion, upon the terms and conditions prescribed in this Act; but 
the person redeeming shall only be required to pay, for the use 
of such first purchaser, the amount paid by him. The second 
purchaser, if any, shall be entitled to the redemption money, as 
provided for in the preceding section: Provided, however, it 
shall not be necessary for any municipal corporation which shall 


In the redemption of land belonging to infants, if the clerk has failed to file the 
affidavit by which the right to redeem was established, the right to redeem may be 
shown if the validity of the redemption is questioned. Chapin v. Cortemus et al., 
15 Ill. R., 432. 

Under the revenue law of 1845 lands sold for taxes were redeemable, within two 
years by the payment of double the amount for which they were sold, all taxes ac¬ 
cruing after such sale, with six per cent interest in such paid taxes,• J* were 

paid, from the first day of May in each year up to the time of payment. The 
Act of 1853, amendatory thereof, changes the rate of interest from six to ten per 
cent, but fixed no certain day from which it should be c< ^P u ^ e A of sie^ here 
should be from the day of sale, whenever that may be. The ■dayof aale here 
alluded to is the day on which a sale might take place in,f a< ;h 1 the tax 
sequent taxes were not paid, and not the day of the first sale ^nder which the t 
purchaser claims. If the purchaser pays no subsequent taxes he can claim no interest. 
Comstock v. Cover, 35 Ill. R., 470. 





516 


REVENUE. 


[Div. VIII. 


bid in its own delinquent special assessments, at any sale, in de¬ 
fault of other bidders, to protect the property from subsequent 
forfeitures or sales, as above required in this section. [As 
amended by Act approved May 29, 1879. In force July 1, 1879. 
Laws 1879, p. 250. 

218. Books, etc., evidence.] §212. The books and records 
belonging to the office of county clerk, or copies thereof, certified 
by said clerk, shall be deemed prima facie evidence to prove the 
sale of any land or lot for taxes or special assessments, the re¬ 
demption of the same, or payment of taxes or special assessments 
thereon. 

Clerk to pay over money to successor.] The county clerk 
shall, at expiration of his term of office, pay over to his successor 
in office all moneys in his hands received for redemption from 
sale for taxes on real estate. [As amended by Act approved 
May 3, 1873. 

219. Sales in error—Entry.] §213. Whenever it shall be 
made to appear to the satisfaction of the county clerk that any 
tract or lot was sold, and that such tract or lot was not subject 
to taxation, or upon which the taxes or special assessments had 
been paid previous to the sale of said tract or lot, or arises from 
a double assessment, or that the description is void for uncer¬ 
tainty, he shall make an entry opposite to such tracts or lots in 
the sale and redemption record that the same was erroneously 
sold, and such entry shall be prima facie evidence of the fact 
therein stated; and unless such error is disproved the county 
collector shall, on demand of the owner of the certificate of such 
sale, refund the amount paid and cancel such certificate so far as 
it relates to such tract or lots. The collector, shall take credit in 
settlement of his accounts thereafter with such officers as 
he may be liable to for their pro rata amounts respectively 
paid as aforesaid. [As amended by Act which became a law 
and in force June 26, 1895. Laws 1895, p. 299. 

220. Purchaser at erroneous sale paid back.] § 214. When 

the purchaser at such erroneous sale, or any one holding under 
him, shall have paid any tax or special assessment upon the 
property so sold, which has not been paid by the owner of the 
property, he shall have the right to recover from such owner 
the amount he has so paid, with ten per cent interest, as money 
paid for the owner’s use. 

221. Effect of receipt of redemption money.] §215. The 
receipt of the redemption money of any tract of land or lot, 



Div. VIII.] 


TAX DEEDS. 


517 


by any purchaser, or the return of the certificate of purchase for 
cancellation, shall operate as a release of all the claim to such 
tract or lot, under, or by virtue of the purchase. 

TAX DEEDS. 

222. Notice. 

223. Affidavit—evidence—perjury. 

224. Printer’s fee. 

225. When entitled to deed. 

226. Deed may include several tracts—Fee—Exception. 

227. Form of tax deed. 

228. Evidence recorded. 

229. Applies to former sales. 

230. Effect of deed as evidence—Repayment. 

231. When deed must be taken out. 

222. Notice.] § 216. Hereafter no purchaser or assignee 
of such purchaser of any land, town or city lots at any sale of 
lands, or lots, for taxes or special assessments, due either to the 
State or county, or incorporated town or city within the same, 
or at any sale for taxes or levies otherwise, by the laws of this 
State, shall be entitled to a deed for lands or lots so purchased, 
until the following conditions have been compiled [complied] 
with, to wit: Such purchaser, or assignee shall serve or cause to 
be served a written or printed, or partly written or partly printed 
notice of such purchase on every person in actual possession or 
occupancy of such land or lot; also upon the person in whose 
name the same was taxed or especially assessed, if, upon diligent 
inquiry, he or she can be found in the county, also, the owners 
of or parties interested in said land or lot, including trustees or 
mortgages of record, if they can upon diligent inquiry be found in 
the county, at least three months before the expiration of the 
time of the redemption on such sale, in which notice he shall state 
when'he purchased the land or lot, in whose name taxed, the 
description of the land or lot he has purchased; for what year 
taxed or specially assessed, and when the time of redemption will 
expire. 

If no person is in possession or occupancy of such land or lot, 
and the person, in whose name the same was taxed or especially 
assessed, upon diligent inquiry, cannot be found in the county, 
or said owners of, or parties interested in said land or lot upon 
diligent inquiry cannot be found in the county, then such person, 
or his assignee shall publish such notice in some newspaper 
printed and published in such county, and if no newspaper is 
printed in said county, then in the newspaper that is published 
in this State nearest the county seat of the county in which such 
land or lot is situated, which notice shall be inserted three times, 
the first time not more than five months, and the last time not less 




518 


REVENUE. 


[Div. VIII. 


than three months, before the time of redemption shall expire: 
Provided, however, that if said owners of said land or lot, or said 
parties interested therein, cannot be found in the county and the 
person in actual occupancy is tenant to, or is in possession under 
said owner or said party interested therein, then service of said 
notice upon said tenant or occupant shall be deemed service upon 
said owner or party interested: Provided, however, that if the 
said owners or parties interested are unknown to such purchaser 
or his assignee, then the said publication, as to them, may be to 
the unknown owner or parties interested as aforesaid: And, 
provided, f urther, that said notice of publication shall include not 
to exceed one lot, block, tract or piece of land as listed, assessed 
and sold in one description, except in cases where more than one 
lot, block, tract or piece of land is owned by one party or person, 
in which case all the lots, blocks, or tracts owned by such persons 
may be included in one notice. When any person who, by the 
terms of this section, is entitled to be served with notice cannot, 
upon diligent inquiry be found, the affidavit in the preceding sec¬ 
tion provided for shall set forth particularly the inquiries made, 
of whom made, and when and where made! [As amended by Act 
approved June 26, 1913. In force July 1, 1913. Laws 1913, p. 519. 

223. Affidavit—Evidence—Perjury.] § 217. Every such 
purchaser or assignee, by himself or agent, shall, before he shall 
be entitled to a deed, make an affidavit of his having complied 
with the conditions of the foregoing section, stating particularly 
the facts relied on as such compliance—which affidavit shall be 
delivered to the person authorized by law to execute such tax 
deed, and which shall by him be filed with the officer having 
custody of the record of the lands and lots sold for taxes and 
entries of redemption in the county where such lands or lots 
shall lie, to be by such officer entered on the records of his of¬ 
fice, and carefully preserved among the files of his office, and 
which record or affidavit shall be prima facie evidence that such 
notice has been given. Any person swearing falsely in such 
affidavit shall be deemed guilty of perjury, and punished ac¬ 
cordingly. 

224. Printer’s fee.] § 218. In case any person shall be 


A published notice cannot be received as the substitute for the notice to be 
personally delivered to the party concerned. Cooley on Taxation, p. 218. And where 
a notice is to be given personally and also by publication a failure in either is a 
failure. Appeal Powers, 29 Mich. R., 504. 

A purchaser of land at tax sale is not entitled to a deed until the lapse of two 
years; a deed given before that time is not notice to the grantee of the purchaser, 
of the illegality. A tax deed may be good as color of title, although not so as per¬ 
manent title. Boman v. Wetting, 39 Ill. R., 418. 

A tax title is purely technical, as contra distinguished from meritorious title, and 
depends for its validity upon a strict compliance with the statute; and any omission, 
as the seal of the officer making it, will not be corrected by a court of chancery, 
Altes v. Hincklee et al., 36 Ill. R., 265, 




Div. VIII.] 


TAX DEEDS. 


519 


compelled to publish such notice in a newspaper, then, before 
any person who may have a right to redeem such lands or lots 
from such sale shall be permitted to redeem, he shall pay the 
officer or person who by law is authorized to receive such re¬ 
demption money, the amount paid for printer’s fee for publish¬ 
ing such notice, for the use of the person compelled to publish 
such notice as aforesaid; the fee for such publication shah not 
exceed $1 for each tract or lot contained in such notice. 

225. When entitled to deed.] §219. At any time after the 
expiration of two years from date of sale of any real estate for 
taxes or special assessments, if the same shall not have been 
redeemed, the county clerk, on request, and on the production 
of the certificate of purchase, and upon compliance with the 
three preceding sections, shall execute and deliver to the pur¬ 
chaser, his heirs or assigns, a deed of conveyance for the real 
estate described in such certificate. 

226. Deed may include several tracts—Fee—Exception.] 
§220. When any person shall hold more than one certificate 
of purchase at the same sale, and for the same year’s tax or 
special assessment, the clerk shall, on the request of the holder 
of such certificate, include as many tracts or lots described therein 
in the deed of conveyance as such person may desire, and for 
which deed the county clerk shall have a fee of fifty cents for 
each certificate embraced therein: Provided, that no greater 
fee than $3 shall be charged upon any one deed. Provided, further, 
that said clerk shall include in such deed not to exceed one lot, 
block, tract or piece of land as listed, assessed and sold in one 
description, except in cases where such lot, block, tract or piece 
of land is owned by one party or person. [As amended by Act 
approved May 13, 1903. In force July 1, 1903. Laws 1903, p. 299. 


Where the defendant in ejectment, in resisting a tax title, repels the resumption 
by proof that the land in controversy has been duly listed, the plaintiff will be re¬ 
quired to prove, affirmatively, that there was a proper listing. Schuyler et al. v. 
Hall, 11 Ill. R., 465; Tibbets v. Job et al., 11 Ill. R., 460. 

A party seeking to substantiate a tax title, must exhibit: first, a valid judgment 
against the land; second, a valid precept authorizing the officer to make the sale; 
and, third, a proper conveyance of the land from the proper officer. These are es¬ 
sential to the validity of the title, and none of them can be dispensed with. Atkins 
v. Hinman, 2 Gilm. R., 448. 

The construction of a tax deed in respect to the description of the land con¬ 
veyed, must be the same as if such description were used in a deed between private 
individuals. The doctrine of strict construction, as applied to the execution of naked 
statutory powers, has no application in such cases. Blakely v. Bestor, 13 Ill. R., 715. 

Courts of chancery will not take jurisdiction to try the validity of tax titles, on 
the ground that they are a cloud. Springer v. Rosette et al., 47 Ill. R., 223. 

A deed of land sold for taxes under the revenue law of 1839, made either by 
the officer making the sale or his successor in office, is valid. Bestor v. Powell et al., 
2 Gilm. R., 727. 

An auditor’s deed to land, made in pursuance of a sale for taxes, under the law 
of 1827, will not show a complete title in a party, without proof that the prerequisites 

of the law have been complied with. Irving v. Brownell, 11 Ill. R., 411. It has 

been held that if any portion of a tax upon which a judgment was rendered, was 
illegal, or if the judgment was for too large a sum, even to the extent of a few 

cents, a sale and tax deed based upon such judgment, would be void. McLaughlin v. 

Thompson, 55 Ill. R., 249. 






520 


REVENUE. 


[Div. VIII. 


227. Form of tax deed.] § 221. The deed so made by the 
county clerk under the official seal of his office shall be recorded 
in the same manner as other conveyances of real estate, and 
shall vest in the grantee, his heirs and assigns, the title of the 
property therein described without further acknowledgment or 
evidence of such conveyance, and said conveyance shall be sub¬ 
stantially in the following form: 

State of Illinois, 1 

- County, j 

Whereas, at a public sale of real estate for the non-payment of taxes, 

made in the county aforesaid on the - day of -, A. D. 19—, the 

following described real estate was sold, to-wit: [here place description of 
real estate conveyed], and whereas, the same not having been redeemed 
from said sale, and it appearing that the holder of the certificate of pur¬ 
chase of said real estate has complied with the laws of the State of Illinois 
necessary to entitle [insert him, her or them] to a deed of said real estate. 

Now, therefore, know ye, that I, -, county clerk of said county of 

-, in consideration of the premises and by virtue of the statutes of 

the state of Illinois in such cases provided, do hereby grant and convey 

unto -, his heirs and assigns forever, the said real estate hereinbefore 

described, subject, however, to any redemption provided by law. 

Given under my hand and seal of our court this - day of -, 

A. D. 19—. County Clerk. 

[As amended by Act approved May 3, 1873. See 231, 
§ 225. 

228. Evidence recorded.] § 222. County clerks shall record 
as evidence upon which deeds are issued, the application, all 
affidavits and notices filed with the application, the certificate 
of sale, and all other documents and papers filed in compliance 
with law, and be entitled to the same fee therefor that may be 
allowed by law for recording deeds. [As amended by Act ap¬ 
proved May 13, 1903. In force July 1, 1903. Laws 1903, p. 299. 

229. Applies to former sales.] § 223. The foregoing six 
sections shall apply to all sales of real estate for taxes hereto¬ 
fore made, as well as to such sales for taxes and special assess¬ 
ments hereafter to be made. 

230. Effect of deed as evidence—Repayment.] § 224. Deeds 

executed by the county clerk, as aforesaid, shall be prima facie 
evidence, in all controversies and suits in relation to the right 
of the purchaser, his heirs or assigns, to the real estate thereby 
conveyed of the following facts: First, That the real estate con¬ 
veyed was subject to taxation at the time the same was assessed, 
and had been listed and assessed in the time and manner required 
by law. Second, That the taxes or special assessments were not 
paid at any time before sale. Third, That the real estate con¬ 
veyed had not been redeemed from the sale at the date of the 
deed. Fourth, That the real estate was advertised for sale in the 











Div. VIII.] 


FORFEITED PROPERTY. 


521 


manner and for the length of time required by law. Fifth, That 
the real estate was sold for taxes or special assessments, as stated in 
the deed. Sixth, That the grantee in the deed was the purchaser or 
assignee of the purchaser. Seventh, That the sale was conducted in 
the manner required by law. And any judgment for the sale of real 
estate for delinquent taxes rendered after the passage of this Act, 
except as otherwise provided in this section, shall estop all parties 
from raising any objections thereto, or to a tax title based thereon, 
which existed at or before the rendition of such judgment or decree, 
and could have been presented as a defense to the application for 
such judgment in the court wherein the same was rendered, and 
as to all such questions, the judgment itself shall be conclusive 
evidence of its regularity and validity in all collateral proceed¬ 
ings, except in cases where the tax or special assessments have 
been paid, or the real estate was not liable to the tax or assess¬ 
ment: Provided, That any judgment or decree of court setting 
aside any tax deed procured under this Act, shall provide that 
the claimant shall pay to the party, holding such tax deed, all 
taxes and legal costs, together with all penalties, as provided by 
law, as it shall appear the holder of such deed or his assignors,' 
shall have properly paid or be entitled to in procuring such deed, 
before such claimant shall have the benefits of such judgment 
or decree. [As amended by Act returned by the Governor July 
7, 1885, to the Secretary of State without his approval or veto, 
and is therefore in force. Laws 1885, p. 235. 

231. When deed must be taken out-! §225. Unless the 
holder of the certificate for real estate purchased at any tax sale 
under this Act, takes out the deed as entitled by law, and files 
the same for record within one year from and after the time for 
redemption expires, the said certificate or deed, and the sale on 
which it is based, shall, from and after the expiration of such 
one year, be absolutely null. If the holder of ruch certificate shall 
be prevented from obtaining such deed by injunction or order 
of any court, or by the refusal of the clerk to execute the same, 
the time he is so prevented shall be excluded from the compu¬ 
tation of such time. Certificates of purchase and deeds executed 
by the county clerk shall recite the qualifications required in 
this section. [See 213, §207. 

FORFEITED PROPERTY. 

232. County clerk to keep record of. (Repealed.) 

233. Redemption or purchase of forfeited property. 

234. Report and payment of money collected on forfeited land. 

235. Back tax added—Effect. 

236. Suit for tax on forfeited property. 



522 


REVENUE. 


[Div. VIII. 


232. County clerk to keep record of— Repealed.] § 226. 
Each county clerk shall procure, at the expense of the county, 
a suitable record book, in which they shall keep a record of the 
real property forfeit to the state under the provisions of this 
act. Such book shall be properly ruled and headed, and proper 
columns provided for the several taxes and charges, redemptions 
and sales thereof. [Repealed by Act approved May 29, 1879, 
In force July 1, 1879. Laws 1879, p. 250. 

233. Redemption or purchase of forfeited property.] §227. 
If any person shall desire to redeem or purchase any tract of 
land or lot forfeited to the state, he shall apply to the county 
clerk, who shall issue his order to the county collector, directing 
him to receive from said person the amount due on said tract 
or lot, which shall in no case be less than ten per cent, on all 
taxes heretofore forfeited, and twenty-five per cent, on all taxes 
hereafter levied and forfeited, in addition to the tax, special as¬ 
sessments, interest and printer’s fees due thereon, particularly 
describing the property and setting forth the amount due; and 
upon presentation of said order to the county collector, he shall 
receive said amount and give the person duplicate receipts there¬ 
for, setting forth a description of the property and the amount 
received—one of which shall be countersigned by the county 
clerk, and when so countersigned, shall be evidence of the re¬ 
demption or sale of the property therein described, as the case 
may be, but no such receipt shall be valid until it is counter¬ 
signed by the county clerk. The other receipt shall be filed by 
the county clerk in his office, and said clerk shall make a proper 
entry of the redemption or sale of the property on the books in 
his office, and charge the amount of the redemption or sale 
money to the county collector. In cases of sales, the collector 
and clerk shall make the receipt in the form of a certificate of 
purchase. Property purchased under this section shall be sub¬ 
ject to redemption, notice, etc., the same as if sold at regular 
public tax sale. (See 231, §225..) [As amended by Act ap¬ 
proved May 31, 1879. In force July 1, 1879. Laws 1879, p. 254. 

234. Report and payment of money collected on forfeited 
land.] §228. It shall be the duty of the county clerk, annually, 
when he makes return of the amount of taxes levied, to report 
to the auditor the amount due the state on account of the re¬ 
demption and sales of such forfeited property, and said auditor 
shall charge the same to the collector. If the collector who 
received said redemption or sale money shall be succeeded in 
office, he shall pay the amount in his hands over to his successor, 
who shall pay said amount into the state treasury when he set¬ 
tles for the taxes of the current year. 



Div. VIII.] 


FORFEITED PROPERTY. 


523 


235. Back tax added—Effect.] § 229. The amount due on 
land and lots previously forfeited to the state, and remaining 
unpaid on the first day of November, shall be added to the tax 
of the current year; and the amount thereof shall be reported 
against the county collector with the amount of the taxes for 
said year; and the amount so charged shall be placed on the tax 
books, collected and paid over in like manner as other taxes. 
The county collector is hereby authorized to advertise and sell 
said property in the manner hereinbefore required by this Act, 
as if said property had never been forfeited to the State, and the 
county, city, town or school district may, by their agent, attend 
such sale for taxes and buy said lands and acquire the same 
rights that individuals now have under the law, and acquire, 
hold, sell and dispose of said title thereto, the same as and in 
the same manner as individuals may do under the laws of this 
State, in case of sale for taxes. Said additions and sales shall 
be continued from year to year, until the taxes on said property 
are paid, by sale or otherwise. [As amended by Act approved 
May 31, 1881. In force July 1, 1881. Laws 1881, p. 138. 

236. Suit for tax on forfeited property.] § 230. The county 
board may, at any time, institute suit, in an action of debt in the 
name of the People of the State of Illinois, in any court of 
competent jurisdiction for the whole amount due on forfeited 
property; or any county, city, town, school district, or other 
municipal corporation, to which any such tax may be due, may 
at any time institute suit in an action of debt, in its own name, 
before any court of competent jurisdiction, for the amount of 
such tax due any such corporation on forfeited property, and 
prosecute the same to final judgment. The county board may, 
also, at any time, institute suit in an action of debt in the name 
of the People of the State of Illinois, in any court of competent 
jurisdiction, against any person, firm or corporation, for the re¬ 
covery of any personal property tax due from such person, firm 
or corporation, and in any such suit for the recovery of personal 
property tax, the return of the county collector that such taxes 
are delinquent, shall be prima facie evidence that such taxes 
are due and unpaid, but the fact that such taxes are due and 
unpaid may be proven by other competent testimony. This Act 
shall apply to all taxes heretofore levied against any person, 
firm or corporation and now upon any assessment book or roll, 
and on the sale of any property following such judgment, on 
execution or otherwise, any such county, city, town, school dis¬ 
trict or other municipal corporation, interested in the collection 
of said tax, may become purchaser at such sale of either real 
or personal property, and if the property so sold is not redeemed 




524 


REVENUE. 


[Div. VIII. 


(in case of real estate) may acquire, hold, sell and dispose of the 
title thereto, the same-as individuals may do, under the laws of 
this State; and in any such suit or trial for forfeited taxes, the 
fact that real estate or personal property is assessed to a person, 
firm or corporation, shall be prima facie evidence that such per¬ 
son, firm or corporation was the owner thereof, and liable for the 
taxes for the year or years for which the assessment was made,, 
and such fact may be proved by the introduction in evidence 
of the proper assessment book or roll, or other competent proof. 
[As amended by Act approved May 30, 1881. In force July 1, 
1881. Laws 1881, p. 129. 

FINAL SETTLEMENT OF COUNTY COLLECTOR. 

237. Statement to county clerk. 

238. Credit on forfeited property—Printer’s fee. 

239. Settlement with county board. 

240. When collector to account with clerk. 

241. Clerk to certify to auditor. 

242. Clerk to certify to local authorities, etc. 

243. Credits on final settlement—Examination of accounts. 

244. Final order—Corrections, etc. 

237. Statement to county clerk.] §231. On or before the 
third Monday in June, annually, the county collector shall make 
out and file with the county clerk a statement in writing, setting 
forth, in detail, the name of each person charged with personal 
property tax which he has been unable to collect, by reason of 
the removal or insolvency of the person charged with such tax, 
the value of the property, and the amount of tax, the cause of 
inability to collect such tax, in each separate case, in a column 
provided in the list for that purpose. Said collector shall, at the 
same time, make out and file with the county clerk a similar 
detailed list of errors in assessment of real estate and errors in 
footing of tax books, giving in each case a description of the 
property, the valuation and amount of several taxes and special 
assessments, and cause of error. The truth of the statements 
contained in such lists shall be verified by affidavit of the county 
collector. County collectors, in cases of removals and insolven¬ 
cies, may give, as the cause of inability to collect, the same cause 
as sworn to by the town or district collectors, stating in their 
return the fact that such was the statement made by the town 
or district collector, and that such tax still remains uncollected. 

238. Credit on forfeited property—Printers’ fee.] § 232. If 
any lands or lots shall be forfeited to the State for taxes or spe¬ 
cial assessments, the collector shall be entitled to a credit in his 
final settlement, for the amount of the several taxes and special 




Div. VIII.]' FINAL SETTLEMENT OF COUNTY COLLECTOR. 525 


assessments thereon—the county to allow the amount of print¬ 
ers’ fees thereon, and be entitled to said fees so allowed, when 
collected. 

239. Settlement with county board.] § 233. On the third 

Monday in June, annually, the county board shall settle with 
and allow the county collector credit for such allowance as he 
may be legally entitled to. [See j[ 248 § 242. 

240. When collector to account with clerk.] § 234. If there 
be no session of the county board held at the proper time for set¬ 
tling and adjusting the accounts of the county collector, it shall 
be the duty of the collector to file the lists with the county 
clerk, who shall examine said lists and correct the same, if neces¬ 
sary, in like manner as said board is required to do. Said county 
clerk shall make an accurate computation of the value of the 
property and the amount of the delinquent tax and special assess¬ 
ments returned, for which the collector is entitled to credit. 

241. Clerk to certify to auditor.] § 235. The county clerk 
shall immediately, in either case, certify to the auditor of public 
accounts the valuation of property, and the amount of State taxes 
due thereon, for which the collector may be allowed credit. 

242. Clerk to certify to local authorities, etc.] § 236. The 
county clerk shall also, at the same time, certify to the several 
authorities or persons with whom the county collector is to make 
settlement, showing the valuation of property and amount of 
taxes and special assessments due thereon allowable to said col¬ 
lector in the settlement of their several accounts. 

243. Credits on final settlement—Examination of accounts, 
etc.] §237. The auditor and other proper authorities or per¬ 
sons shall, in their final settlements with the collector, allow 
him credit for the amount so certified: Provided, that if the audi¬ 
tor or such other proper authorities or persons shall have reason 
to believe that the amount stated in said certificate is not correct, 
or that the allowance was illegally made, he or they shall return 
the same for correction; and when the same shall appear to be 
necessary, in the opinion of the auditor or such other proper 
authorities or persons, he or they shall designate and appoint 
some competent person to examine the collector’s books and set¬ 
tlement, and the person so designated and appointed shall have 
access to the collector’s books and papers, appertaining to such 
collector’s office or settlement, for the purpose of making such 
examination. [See 248, § 242. 

244. Final order—Corrections, etc.] § 238. In all cases 
when the adjustment is made with the county clerk, the county 
board shall, at the first session thereafter, examine such settle- 



REVENUE. 


[Div. VIII. 


526 


ment, and if found correct shall enter an order to that effect; 
but if any omission or error is found, said board shall cause the 
same to be corrected, and a correct statement of the facts in the 
case forwarded to the auditor and other proper authorities or 
persons, who shall correct and adjust the collector’s accounts 
accordingly. 

PARTIAL SETTLEMENT OF COUNTY COLLECTORS. 

245. April statement to clerk. 

246. Clerk to notify auditor, etc., amount due them. 

247. April payment to state treasurer. 

248. Effect of failure of collector to obtain judgment. 

249. April payment to local authorities. 

250. To pay cities, etc., every ten days. 

251. Failure to make report—Suit. 

252. Failure to account and pay over—Suit. 

245. April statement to clerk.] §239. On or before the 
tenth day of April, annually, after he has made settlement with 
town or district collectors, the county collector shall make a 
sworn statement, showing the total amounts of each kind of 
tax received by him from town or district collectors, and the 
total amount of each collected by himself—which statement 
shall be filed in the office of the county clerk. [As amended 
by Act approved May 3, 1873. 

246. Clerk to notify auditor, etc., amount due them.] § 240. 
The clerk shall immediately, on the receipt of such statement, 
certify to the auditor and to other proper authorities or persons, 
the amount for which the collector is required to settle with 
them severally. 

247. April payment to state treasurer.] §241. The county 
collector shall, on or before the fifteenth day of April following, 
pay over to the state treasurer the taxes in his hands, payable 
to the state treasury, as shown by the statement required by 
§ 239 of this Act. [As amended by Act approved May 3, 1873. 

248. Effect of failure of collector to obtain judgment.] § 242. 
The failure of any county collector to obtain judgment shall not 
prevent him from presenting his statement of credits, and mak¬ 
ing settlement for taxes and special assessments in his hands, at 
the time required by this Act; but if, from no fault of the col¬ 
lector, he fail to obtain judgment and sale of delinquent real 
estate at the time required by this Act, shall be allowed, in his 
settlements, a temporary credit for the amount of taxes and 
special assessments in such delinquent list, which delinquent 
taxes and special assessments shall be accounted for and paid 
immediately after sale is had. [See 238, § 232. 




Div. VIII.]: FINAL SETTLEMENT OF COUNTY COLLECTOR. 527 


249. April payment to local authorities.] § 243. He shall, 
within the same time, pay over to the other proper authorities 
or persons, the amounts so shown to be in his hands, and pay¬ 
able to them. 

250. To pay cities, etc., every ten days.] §244. The county 
collector shall report and pay over the amount of tax and special 
assessments, due to towns, districts, cities, villages, corporations 
and persons, collected by him on delinquent property, at least 
once in every ten days, when demanded by the proper authori¬ 
ties or persons. [See Revised Statutes, chap. 24, § 113. 

251. Failure to make report—Suit.] §245. Any county 
collector failing to make the reports and payments hereinbefore 
required, for five days after the time specified for that purpose, 
or after demand made as aforesaid, the auditor or such other au¬ 
thorities or persons, may bring suit upon the collector’s bonds. 

252. Failure to account and pay over—Suit.] § 246. If any 
county collector fails to account and pay over as required in the 
preceding sections, his office may be declared vacant by the 
county board, or by any court in which suit is brought on his 
official bond. 

FINAL SETTLEMENT OF THE COUNTY COLLECTOR FOR 
STATE TAXES. 

253. Manner of making settlement, etc. 

254. Duplicate statement—Correction. 

255. Over-payment refunded. 

256. How paid into treasury—Duplicate receipts. 

257. Interest on money due state. 

258. Auditor's certificate of settlement—Filing same. 

253. Manner of making settlement.] § 247. The county 
clerk shall make out and deliver to the county collector, as soon 
as adjustment is made with the county board or county clerk, 
annually, the statements, certificates and lists appertaining to the 
settlement of the accounts of such collector; which statement, 
certificates and lists shall be made out in proper form, under 
his seal of office, on blanks which it is hereby made the duty 
of [the] auditor to furnish, annually, for that purpose. The col¬ 
lector shall deliver the same at the office of the auditor, and make 
a final settlement of his accounts, and pay the amount due the 
State into the State treasury on or before the first day of July 
next after receiving the tax books: Provided, that in all cases 
where the statements, certificates and lists appertaining to the 
final settlement of a collector are on file with the auditor, on or 
before the first day of July, the auditor shall not charge interest 
on the balance found due on the account of such collector, for 



528 


REVENUE. 


[Div. VIII. 


fifteen days after mailing said auditor’s statement showing bal¬ 
ance due the State on such collector’s account: Provided, f urther, 
that this section shall not be held to relieve any collector from 
the payment of interest charged on his account by reason of 
failure to make payment to the State, at other time or times, as 
required by this or any other Act of the General Assembly of 
this State [As amended by Act approved May 3, 1873. 

254. Duplicate statement to auditor. § 248. The county 
clerk shall furnish a duplicate copy of said statement, duly certi¬ 
fied, whenever requested so to do by the auditor. 

Correction.] If the statement of credits herein required, or 
any of the items therein, are objected to by the auditor, he shall 
return the statement to the county clerk, stating his objections, 
and said clerk shall examine and correct or explain the same 
satisfactorily, and return the statement to said auditor. 

255. Over-payment refunded.] § 249. If any collector shall 
have paid, or may hereafter pay, into the State treasury, any 
greater sum or sums of money than are or may be legally and 
justly due from such collector, after deducting abatements and 
commissions, the auditor shall issue his warrant for the amount 
so overpaid, which shall be paid out of the fund or funds so over¬ 
paid on said warrant. 

256. How paid into treasury—Duplicate receipt.] §250. 
Upon ascertaining the amount due to the State from any collec¬ 
tor or other person, the auditor shall give such person a state¬ 
ment of the amount to be paid, and upon the presentation of 
such statement of the State treasurer, and the payment of the 
sum stated to be due, the treasurer shall give duplicate receipts 
therefor, one of which shall be filed in the auditor’s office, and 
entered in a book to be kept for that purpose, and the other 
shall be countersigned by the auditor and delivered to the person 
making the payment; and no payment shall be considered as 
having been made until the treasurer’s receipt shall be counter¬ 
signed by the auditor as aforesaid. 

257. Interest on money due State.] §251. Any collector 
failing to pay into the State treasury the amount due to the 
State, on his account for State and other taxes, at the time or 
times required by this Act, shall pay interest at the rate of ten 
per cent, per annum, from the time the same became due under 
this Act, until the same is paid; and it shall be the duty of the 
auditor to charge such interest to the account of every collector 
failing to pay at the time or times required in this Act. In no 
case shall the auditor be permitted to remit such interest, unless 
satisfactory evidence from the county board is presented to him, 



Div. VIII.] 


LIENS OF TAXES. 


529 


showing, by official action taken by such board, lawful cause 
why the collector could not pay over, in part or in whole, the 
amount due on such collector’s account with the State. 

258. Auditor’s certificate of settlement—Filing same.] § 252. 

Upon the final settlement of any account with the State, the 
auditor shall give the. collector duplicate certificates, under his 
seal of office, setting forth that said collector has settled and paid 
into the State treasury the full amount due from him on said 
account; and it shall be the duty of the collector to file one of 
said certificates in the office of the county clerk, on or before 
the first day of August next after receiving the tax books. If 
any collector shall neglect or refuse to file one of said certificates 
as above required, the county clerk shall leave a written notice 
at the office of said collector, requiring him to appear before the 
county court, at the September term thereof, and show cause 
why he has not filed the certificate aforesaid; and if the collec¬ 
tor shall not show that he has paid over the full amount due from 
him, and made a final settlement with the State and county, or 
that he has a lawful excuse for failing to do so, his office as col¬ 
lector and treasurer shall be declared vacant by said court, and 
the same filled as in other cases of vacancy by reason of death 
or otherwise. 


LIENS OF TAXES. 

259. Of tax on real estate. 

260. Tax on personality. 

261. Real and personal tax. 

262. Lien in favor of agent, etc., for tax paid. 

259. Ot tax on real estate.] §253. The taxes upon real 
property, together with all penalties, interests and cost, that 
may accrue thereon, shall be a prior and first lien on such real 
property, superior to all other liens and incumbrances, from and 
including the first day of May in the year in which the taxes 
are levied until the same are paid, 1 which lien may be foreclosed 
in equity in any court of competent jurisdiction in the name of 
the People of the State of Illinois, whenever the taxes for two 
or more years, upon the same description of property, shall have 
been forfeited to the State, and may be sold under the order of 
the court by the person having authority to receive State and 
county taxes, with the same notice to interested parties and right 
of redemption from said sale, as is now provided by law, and in 
conformity with sections four and five of Article IX of the Con¬ 
stitution of this State. In proceedings to foreclose the tax 

(1) The payment of taxes by any person extinguishes them, and if a voluntary 
attempt is made to pay them a second time, the last will be considered a gratuity 
to the taxing power. Morrison v. Kelley, 22 Ill. R., 626. 





REVENUE. 


[Div. VIII. 


530 


lien on any real property, the amount due on the collector’s 
books against the said property shall be prima facie evidence of 
the amount of taxes against the said real property. When any 
taxes are collected in any such foreclosure proceedings, they 
shall be paid to the county collector, to be distributed by him to 
the respective authorities entitled thereto. (As amended by 
Act approved May 30, 1881. In force July 1, 1881. Laws 1881, 
p. 130. See If 355, § 53. 

260 . Tax on personalty.] §254. The taxes assessed upon 
personal property shall be a lien upon the personal property of 
the person assessed, from and after the time the tax books are 
received by the collector. 

261 . Real and personal tax.] § 255. Personal property shall 
be liable for taxes levied on real property, and real property shall 
be liable for taxes levied on personal property; but the tax on 
personal property shall not be charged against real property, ex¬ 
cept in cases of removals, or where said tax cannot be made out 
of the personal property; but the tax on real property may be 
made out of personal property, at any time after the tax be¬ 
comes due, by any collector having the tax books in his hands, 
by distraint and sale, in the manner provided in this act: 
Provided, that judgment against real property, for non-payment 
of taxes thereon, shall not be prevented by showing that the 
owner thereof was possessed of personal property subject to dis¬ 
traint; and no person shall be subject to have his personal prop¬ 
erty distrained and sold for tax on real estate, which may have 
been listed and assessed in his name, when he makes oath, or 
otherwise satisfies the collector, that he did not own such real 
property on the preceding first day of May. * 1 [See 189, § 18 3. 

A tax receipt which erroneously states the number of acres in a tract of land 
but describes a legal subdivision, is good; the statement of the quantity is imma¬ 
terial. Morrison et al. v. Norman et al., 47 Ill. R., 478. 

The receipt describing the premises on which the taxes were paid, by No. 5 
placed in a column headed “lot,” and 9 in the next column headed “block,” then 
followed the figure 8 in the column headed “lot,” but with no number opposite 
thereto in the column headed “block.” Held, that this description was sufficient to 
justify the inference, nothing appearing to the contrai-y, that lot was in the same 
block as lot 5. Daniels v. Barso, 40 Ill. R., 307. 

An affidavit of loss of receipts might authorize proof of their contents, hut not 
the introduction of the collector’s book to prove the word “paid” entered on them, 
the contents of such receipts. Irwin v. Miller, 23 Ill. R., 401. 

Where taxes have been paid upon property legally liable to taxation, they cannot 
be recovered back, although the assessment was informal and irregular, and not 
strictly in conformity with the statute, or the statute itself defective in respect to 

the manner in which the assessment is directed to be made. Board of Supervisors 

of Stephenson Co. v. Manny, 56 Ill. R., 160. 

(1) Personal property is subject to distraint and sale for taxes assessed upon 
real estate, if the same is still in force. It has been supposed that the amendment 
to H 143, § 137, passed in 1873, operated as a repeal of 261, § 255. I do not concur 

in this view. Opinion of Att’y Gen’l Edsall, March 22, 1877. 

On the foregoing subject Auditor Needles says: “The intention of the General 
Assembly was so manifest in its amendment to § 137, that the then auditor at once 
ruled that personal property could not be distrained for tax on real estate, by town 
or district collectors, and such has continued to be the ruling of this office.” 
Auditor Needles, Dec. 31, 1877. 




Div. VIII.] 


SUITS AGAINST COLLECTORS. 


531 


262. Lien in favor of agent, etc., for tax paid.] §256. 
When property is assessed to any person as agent for another, or 
in a representative capacity, such person shall have a lien upon 
such property, or any property of his principal in his possession, 
until he is indemnified against the payment thereof, or, if he has 
paid the tax, until he is reimbursed for such payment. 

WHO NOT ELIGIBLE AS BONDSMAN. 

263. Certain officers. 

263. Certain officers.] § 257. No judge of the county court, 
chairman of the county board, clerk of the circuit court, county 
clerk, sheriff, deputy sheriff or coroner shall be permitted to be 
a surety on the bond of a county, town, district or deputy collec¬ 
tor or county treasurer. 

LIABILITY ON BONDS. 

264. Specified. 

264. Specified.] § 258. The bond of every county, town or 
district collector shall be held to be security for the payment by 
such collector to the State treasurer, county treasurer, and the 
several cities, towns and villages, and proper authorities and per¬ 
sons, respectively, of all taxes and special assessments which 
may be collected or received by him on their behalf, by virtue 
of any law in force at the time of giving such bond, or that may 
be passed or take effect thereafter. 

SUITS AGAINST COLLECTORS. 

265. Suit by auditor. 

266. Jurisdiction—Power of court. 

267. Proceedings in suit on bond by others. 

268. When bond sued by city, town, etc. 

269. Fees when State sues. 

265. Suit by auditor.] § 259. Upon the failure of any col¬ 
lector to make settlement with the auditor, or to pay money into 
the State treasury, it shall be the duty of the auditor to sue 
the collector and his sureties upon the bond of such collector, 
or to sue the collector in such form as may be necessary, and 
take all such proceedings, either upon such bond or otherwise, 
as may be necessary to protect the interests of the State. [As 
amended by Act approved March 24, 1874. 

266. Jurisdiction — Power of court.] §260. When suit is 
instituted in behalf of the State, it may be in either division of 



532 


REVENUE. 


[Div. VIII. 


the supreme court, or in the Sangamon county circuit court, or 
in any court of record in this State having jurisdiction of the 
amount; and process may be directed to any county in the State. 
In any proceeding against any officer or person whose duty it is 
to collect, receive, settle for or pay over any of the revenues of 
the State, whether the proceeding be by suit on the bond of 
such officer or person, or otherwise, the court in which such 
proceeding is pending shall have power, in a summary way, to 
compel such officer or person to exhibit, on oath, a full and 
fair statement of all moneys by him collected or received, or 
which ought to be settled for or paid over, and to disclose all 
such matters and things as may be necessary to a full under¬ 
standing of the case; and the court may, upon hearing, give 
judgment for such sum or sums of money as such officer or 
person is liable in law or equity to pay. And if, in a suit upon 
the bond of any such officer or person, he or his sureties, or any 
of them, shall not for any reason be liable upon the bond, the 
court may, nevertheless, give judgment against such officer or 
person, or against such officer and such of his sureties as are 
liable, for the amount he or they may be liable to pay, without 
regard to the form of the action or pleadings. ]As amended by 
Act approved March 24, 1874. 

267. Proceedings in suit on bond by others.] § 261. When 
suit has been instituted by the auditor, any party aggrieved may 
proceed under the judgment obtained, upon the bond, by writ 
of inquiry of damages, as in other cases upon bonds. [As 
amended by Act approved March 24, 1874. 

268. When bond sued by city, town, etc.] § 262. Cities,, 
towns, villages or corporate authorities, or persons aggrieved, 
may prosecute suit against any collector or other officer collecting 
or receiving funds for their use, by suit upon the bond, in the 
name of the People of the State of Illinois, for their use, in any 
court of competent jurisdiction, whether the bond has been put 
in suit at the instance of the auditor or not; and in case of judg¬ 
ment thereon the auditor may, if he shall so elect, have a writ 
of inquiry of damages for any amount that may be due to the 
state treasury from such officer. Cities, towns, villages and 
other corporate authorities or persons, shall have the same rights 
in any suits or proceedings in their behalf as is provided in case 
of suits by or in behalf of the State. [As amended by Act ap¬ 
proved March 24, 1874. 

269. Fees when State sues.] § 263. The State shall pay 
like fees as are or may be allowed by law in suits between in¬ 
dividuals ; and in all cases when the State is plaintiff, it shall 



Div. VIII.] SALE OF REAL ESTATE ON EXECUTION. 533 


advance and pay such fees in like manner as individuals are re¬ 
quired to advance and pay fees; and when the State becomes the 
purchaser of real property sold on execution, for any debt due 
the State, the officer selling such real estate shall be entitled to 
like commissions as he would have been entitled to had such prop¬ 
erty been purchased by an individual—said fees and commissions 
to be paid on the warrant of the auditor, out of any money in 
the treasury appropriated .for that purpose; and when such 
fees are collected they shall be paid into the State treasury. 

SALE OF REAL ESTATE ON EXECUTION IN BEHALF OF THE 
STATE—REDEMPTION. 

270. Notice of levy given to auditor—He to purchase in—Redemption. 

271. Payment of money collected. 

272. Where real property not redeemed, timber, etc. 

270. Notice of levy given auditor—He to purchase in —Re¬ 
demption.] § 264. When real estate shall be levied upon to 
satisfy any judgment in favor of the State, it shall be the duty 
of the officer making such levy, to transmit by mail, to the audi¬ 
tor, at least twenty days before the day of sale, a correct state¬ 
ment, showing the description and value of said property, in 
cash; the truth of said statement shall be attested by the oath 
of said officer. Said officer shall, at the same time, furnish the 
auditor with an abstract of title of the property levied upon, 
the expense thereof to be charged and collected as costs. And 
the auditor is hereby authorized and required to purchase, in 
his name, for the use of the People of the State of Illinois, at a 
price not exceeding two-thirds of said value, so much of said 
property as may be required to pay the amount of the judgments 
and costs aforesaid; and it shall be the duty of the officer making 
such sale to forward to the auditor a certificate of purchase, and 
make his return, as required in other cases of sales on execution. 
Any person desiring to redeem all or part of said property from 
such sale, shall pay the amount of redemption money into the 
State treasury, and thereupon the auditor shall indorse such 
payment on the back of the certificate of purchase aforesaid, 
and deliver it to the person so paying, which shall have the 
same effect as redemptions have in other cases; but no real estate 
purchased as aforesaid shall be considered redeemed from such 
sale until the redemption money is paid into the State treasury. 
Such certificate may be recorded in the recorder’s office of the 
county in which such real property is situated, and shall operate 
as a release of record of such property. 

271. Payment of money collected.] §265. . All.moneys re¬ 
ceived by any sheriff or other officer, on execution, in behalf of 



534 


REVENUE. 


[Div. VIII. 


the State, shall be paid by such officer to the State treasurer, or 
to the collector of his county, as may be directed by the auditor, 
within twenty days after demand is made by said auditor. Said 
demand may be made by any person authorized by the auditor. 

272. When real property not redeemed—Timber, etc.] § 266. 
If any real estate, purchased by the State on execution, shall not 
be redeemed within the time required by law, it shall be the 
duty of the auditor to obtain a deed or deeds therefor, which he 
shall cause to be recorded in a book kept for that purpose in his 
office; and shall take such steps as he shall deem necessary to 
protect the timber, or fixtures thereon from being lost or de¬ 
stroyed. 

DOUBLE PAYMENT AND ASSESSMENT—REFUNDING. 

273. Payment by different claimants, return, etc. 

274. Double assessment or payment—Refunding. 

273. Payment by different claimants—Return, etc.] §267. 
Whenever the taxes on the same property shall have been paid 
more than once, for the same year, by different claimants, the 
county collector shall make a return to the county clerk of all 
such surplus taxes so received by him, together with the names 
of the several claimants thus paying. Certified copies of said 
return or of record thereof, by the county clerk, or of the county 
clerk's report, by the auditor, shall be prima facie evidence in 
all courts, when the same shall come in question, of the payment 
of tax on the property therein described for the year or years 
therein mentioned. The county clerk shall make a full record 
of all such cases, and transmit a certified copy thereof to the 
auditor, who shall charge such collector with the portion of 
such surplus taxes belonging to the State. The town or district 
collectors shall report such cases to the county collector, and he 
to the county clerk. 

274. Double assessment or payment—Refunding.] § 268. 
If any real property shall be twice assessed for the same year, or 
assessed before it becomes taxable, and the taxes so erroneously 
assessed shall have been paid, either at sale or otherwise, or have 
been twice paid by different claimants, the county board, on ap¬ 
plication of the person paying the same, or his agent, and being 
satisfied of the facts in the case, shall cause the State and county 
taxes to be refunded pro rata by the State and county; and the 
city and incorporated town or village taxes and special assess¬ 
ments, by the city or incorporated town, village or other proper 
authorities or persons. If any county, town or district collector 
shall receive the taxes or special assessments properly due on 





Div. VIII.} 


OTHER DUTIES OF AUDITOR. 


535 


any real property, and the same shall afterwards be sold for said 
taxes or special assessments, he shall refund to the purchaser 
thereof, if application be made within three years from the date 
of said sale, double the amount of purchase money and all ex¬ 
penses of advertising said real estate under this Act, requiring 
real estate purchased at tax sales to be advertised, including costs 
of deeds. Any collector neglecting or refusing to pay as required 
by this section, shall be liable to the county, or person in interest, 
in an action of debt in any court having jurisdiction. 1 [See 
If 219, § 213. 


WHEN RECORDS ARE DESTROYED. 

275. New assessments. 

275. New assessment.] §269. When assessment rolls or 
collector’s books, in whole or in part, of any county, town, city, 
incorporated village or district, shall be lost or destroyed by any 
means whatever, a new assessment, or new books, as the case 
may require, shall be made under the direction of the county 
board. Said board shall, in such cases, fix reasonable times and 
dates for performing the work of assessment, equalization, levy, 
extension and collection of taxes, and paying over the same, or 
making new books, as the circumstances of the case may re¬ 
quire. All the provisions of this Act shall apply to the dates 
fixed by the county board, in the same manner that they apply 
to the dates for similar purposes, as fixed by this Act. The 
county board is hereby fully empowered to select and appoint 
persons, where it may find the same necessary, to carry into effect 
the provisions of this section. 


OTHER DUTIES OF AUDITOR. 


276. When a locality does not pay its share of tax. 

277. Auditor may sell property bought in by State. 

278. Abstracts—U. S., canal and Illinois Central Railroad lands. 

279. Forms—Instructions—Opinion. 

280. Act published. 

281. Swamp lands. 

276. When a locality does not pay its share of tax.] § 270. 
Whenever it shall come to the knowledge of the auditor that any 
county, township, city, district or town, or any well defined lo¬ 
cality thereof, or any particular class of property therein, has 
heretofore been or may hereafter be released, from any cause 


m The evidence on which the State tax is refunded is the certificate of the 
rnnntv clerk showing the action of the board of supervisors. The certificate should 
describe the property and show the years tax sold for or paid, or both, the amount 
Of State and county tax separate, and the eayse of error. Opinion Auditor Lippin* 
cott, Dec. 2$, 1869, 





536 


REVENUE. 


[Div. VIII. 


whatever, from its just proportion of State taxes, said auditor 
shall cause suit to be commenced in an action of debt, in the 
name of the People of the State of Illinois, either against the 
municipality or against the property unjustly released from taxa¬ 
tion, or the owners thereof, for the amount of such tax, in the 
supreme court of this State, in either division thereof; and when 
judgment may be recovered in any such case, the' auditor shall 
levy a rate of tax on the equalized valuation of all property or 
particular class of property in such county, township, city, dis¬ 
trict, town or locality, as the case may be, as will pay the State 
the amount of such judgment and costs; and it shall be the duty 
of the county clerk of the proper county to extend such rate of 
tax with the State tax of the year directed in the auditor’s certifi¬ 
cate. Any county clerk neglecting or refusing to extend such 
rate, as certified to him by the auditor, shall be removed from 
his office, and in addition thereto shall be subject to a fine of 
$5,000, and damages caused by such neglect or refusal, to be 
sued for by the auditor, in an action of debt, in the name of the 
People of the State of Illinois, in either division of the supreme 
court of this state: Provided, that in cases where the auditor 
and proper local authorities of the proper municipality, can ar¬ 
range to make such levy to reimburse the State in such cases, 
without suit, the auditor is hereby authorized to pursue such 
course. 


277. Auditor may sell property bought in by State. 1 § 271. 

The auditor is authorized to sell, transfer and convey, by deed, 
any and all real estate that may have been heretofore, or may 
be hereafter, purchased or taken in payment, to satisfy any judg¬ 
ment or any execution in favor of the State, by this State or by 
any officer of this State, for the benefit and use of the State, to 
any person or persons who may pay into the State treasury the 
full amount paid by the State for said property, including costs, 
and six per cent, interest thereon, from the date of said sale to 
the time of such payment: Provided, that the sale of the real 
estate, in part or in whole, may be made at such price, not less 
than the price paid for such part or whole of the property, as 
the case may be, as the judge of the county court, chairman of 
the county board, and the sheriff of the county in which the 
estate is situated, shall certify the same to be worth; or, if not 
sold in one year from and after the expiration of the time of 
redemption now or hereafter allowed by law, said property may, 


unf. iv , en> erroneous sales can only be canceled by the vol¬ 
untary return of the deed. Opinion Auditor Ripplncott, Aug. 20, 1869. 
a C ^ n i St ,^ te be compelled to refund a tax voluntarily paid, upon 

was pSd wll Wafll y *5 th ? assessment, provided the oroperty on which it 

was paid was legally taxable, People ex rel, v. Miner, 46 Ill. R., 374, 




Div. VIII.]' 


OTHER DUTIES OF AUDITOR. 


537 


if the auditor thinks the valuation fair, be sold by said auditor 
upon and for any valuation of said property which may be ap¬ 
praised and certified by the judge of the county court, chairman 
of the county board and sheriff of the county in which such prop¬ 
erty is situated. 


278. Abstracts, United States, Canal and Illinois Central 
Railroad lands.] §272. On the first day of May in each year, 
or as soon thereafter as practicable, the auditor shall obtain from 
the United States land office in this State abstracts of the lands 
entered and located, and not previously obtained, and shall, at 
the same time, obtain from the Illinois Central railroad, and 
Canal offices, abstracts of the Central railroad and Canal lands 
sold. Upon the receipt of said abstracts, the auditor shall cause 
them to be transcribed into the tract books in his office, and 
shall, without delay, cause abstracts of the land in each county, 
including school'lands reported to his office as having been sold, 
to be made out and forwarded by mail to the county clerks of the 
several counties; and said clerks shall cause such abstracts to be 
transcribed into the tract book, and filed in their office. The 
expense of procuring and furnishing the abstracts required by 
this section, shall be paid by the auditor out of the appropria¬ 
tion for the expenses of his office. 

279. Forms—Instructions—Opinion.] § 273. It shall be the 
duty of the auditor to make out and forward to each county clerk, 
from time to time, for the use of such clerks and other officers, 
suitable forms and instructions; and all such instructions shall be 
strictly complied with by the officers in the performance of their 
respective duties. He shall give his opinion and advice on all 
questions of doubt as to the true intent and meaning of the pro¬ 
visions of this Act. 1 [See ][ 295, § 289. 

280. Act published.] § 274. The auditor shall, as soon as 
practicable after the passage of this Act, cause the same to be 
correctly printed in pamphlet form, and transmit to each county 
clerk a sufficient number of copies thereof for the use of the 
several county, town and district officers; and said clerk shall 
deliver the same to the proper officers. 

281. Swamp lands.] § 275. The county clerks of the sev¬ 
eral counties shall, annually, report to the auditor a list of the 
swamp and overflowed lands sold in their respective counties for 


(1) The opinions given by an officer whose duty it is by law to give such 

opinion, in regard to the intent or meaning of a law. as a general rule, will be 

regarded favorably by the courts, and upheld unless clearly erroneous. 

The forms and instructions of the auditor, made out in conformity to law must 

be used by the revenue officers. But, if the auditor dlre ct statistical financial or 
other items of information not required by law, the auditor cannot enforce the 
performance of such burden by rejecting the return, duly made out in conformity 
to lg/jy. Stark Cp, Bank. v. McGregor, 6. Ohio St. R.» 45. 







538 


REVENUE. 


[Div. VIII. 


the year ending on the first day of May, and the auditor shall 
enter the same in the tract books of his office. 

OMITTED PROPERTY—SAVING CLAUSES. 

282. When discovered listed, and tax added—Personal tax. 

283. Tax not collected added to subsequent year. 

284. Not prior to date of ownership—Notice. 

285. Special assessments—Return limited. 

286. Failure to complete assessment in time not to vitiate. 

287. Informality not to vitiate. 

288. Failure to deliver tax books not to vitiate. 

289. Wrong name not to vitiate. 

282. When discovered listed, and tax added—Personal tax.] 

§ 276. If any real or personal property shall be omitted in the 
assessment of any year or number of years, or the tax thereon, 
for which such property was liable, from any cause has not been 
paid, or if any such property, by reason of defective description 
or assessment thereof, shall fail to pay taxes for any year or 
years, in either case the same, when discovered, shall be listed 
and assessed by the assessor and placed on the assessment and 
tax books. The arrearages of tax which might have been as¬ 
sessed, with ten per cent, interest thereon, from the time the 
same ought to have been paid, shall be charged against such 
property by the county clerk. It shall be the duty of county 
clerks to add uncollected personal property tax to the tax of any 
subsequent year, whenever they may find the person owing such 
uncollected tax assessed for any subsequent year [See ]f 82, 
§ 77; If 100, § 95. 

283. Tax not collected added to subsequent year.] §277. 
If the tax or assessment on property liable to taxation is pre¬ 
vented from being collected for any year or years, by reason of 
any erroneous proceeding or other cause, the amount of such tax 
or assessment which such property should have paid may be 
added to the tax on such property for any subsequent year, in 
separate columns designating the year or years. [As amended 
by Act approved May 3, 1873. 

284. Not prior to date of ownership—Notice.] § 278. No 
such charge for tax and interest for previous years, as provided 
for in the preceding section, shall be made against any property 
prior to the date of ownership of the person owning such property 
at the time the liability for such omitted tax was first ascertained: 
Provided, that the owner of property, if known, assessed under 
this and the preceding section, shall be notified by the assessor 
or clerk, as the case may require. 1 

(1) Under If 286, § 280, of the Revenue Law, no objection can be made to the 
mode in which an assessment for taxation is made. If the property assessed is sub¬ 
ject to taxation, and is assessed no more than its ratable share of taxes, it matters 




Div. VIII.] OMITTED PROPERTY—SAVING CLAUSES. 539 


285. Special assessment—Return limited.] § 279. When 
any special assessment is not returned to the county collector 
on or before the first day of March next after it is due, the same 
may be returned on or before the first day of March in the suc¬ 
ceeding year; and, if not then returned, it shall be considered 
barred, unless return is prevented by an injunction or order of 
court; and the time such return is thus prevented shall be ex¬ 
cluded from the computation of such time. 

286. Failure to complete assessment in time not to vitiate.] 

§ 280. A failure to complete an assessment in the time required 
by this Act shall not vitiate such assessment, but the same shall 
be as legal and valid as if completed in the time required by law. * 1 

287. Informality not to vitiate.] §281. No assessment of 
real or personal property, or charge for taxes thereon, shall be 
considered illegal on account of any informality in making the 
assessment, or in the tax lists, or on account of the assessments 
not being made or completed within the time required by law. 

288. Failure to deliver tax books not to vitiate.] § 282. Any 
failure to deliver the collector’s books within the time required 
by this Act, shall in no way affect the validity of the assessment 
and levy of taxes, but in all cases of such failure, the assessment 
and levy of taxes shall be held to be as valid and binding as if 
said books had been delivered at or within the time required by 
law. [See tf 75, § 70. 

289. Wrong name not to vitiate.] §283. No sale of real 
estate for taxes shall be considered invalid on account of the 
same having been charged in any other name than that of the 
rightful owner. [See 71, § 66. 

WHO MAY ADMINISTER OATHS. 

290. Officers enumerated. 

290. Officers enumerated.] § 284. Any oath, authorized to 
be administered under this Act, may be administered by an as¬ 
sessor or deputy assessor, or by any other officer having authority 
to administer oaths. 

PENALTIES OF OFFICERS. 

291. For delivering or receiving books before collector’s bond filed. 

292. Collector—Neglect to obtain judgment, etc. 

293. Failure to do any duty under this Act. 

294. Refusal by clerk, assessor, collector and other officers to do duty. 


not whether the assessment was made in the mode pointed out by the statute 
or not. Pacific Hotel Co. v. Lieb et al., 83 Ill. H-. 602. , . .. 

A failure to complete an assessment, or to return the same in the time required 

by the Act, does not vitiate the same, but it must be held as legal and \alid as if 
completed in time. Wright v. The People ex rel., 87 Ill. K-. 582. 

(1) See U 95, §90. Purrington et al. v. The People ex rel. Miller, 79 Ill., 11, 

Chiniquy v. The People, 78 Ill., 570; Eurigh v. The People, 79 Ill., 214. 





540 


REVENUE. 


[Div. VIII, 


291. Delivering books before collector’s bond filed.] § 285 
If any county clerk shall deliver the tax books into the hands 
of the county collector, or if any collector shall receive said 
books or collect any taxes until such collector’s bond has been 
approved and filed, as required by this Act, said clerk and col¬ 
lector, and each of them, shall be liable to a penalty of not less 
than $500, and all damages and costs, to be recovered in an 
action of debt; and the auditor shall bring suit therefor, in the 
name of the People of the State of Illinois—the amount recov¬ 
ered on such fines to be paid into the State treasury as revenue 
fund. Nothing in this section shall be construed as relieving 
the securities of a collector from liabilities incurred under a 
'bond not approved and filed by the auditor. [See 141, 151, §§ 
135, 145. 

292. Collector—Neglect to obtain judgment, etc.] §286. 
If any collector shall, by his own neglect, fail to obtain judg¬ 
ment at the May term of the county court, or shall fail to present 
his list of delinquencies on personal property, or errors in as¬ 
sessment of real estate, at the time required by this Act, he shall 
lose the benefit of any abatement to which he might have been 
entitled, and shall pay to the State and county the full amount 
charged against him, after deducting the fees allowed by this 
Act for collecting and paying over taxes. If the county court 
is not held at the May term, the collector shall have further 
time to pay over the amount due on the delinquent list. 

293. Failure to do any duty under this Act.] § 287. If any 
officer shall fail or neglect to perform any of the duties required 
of him by this Act, upon being required so to do by any person 
interested in the matter, he shall be liable to a fine of not less 
than $10 nor more than $500, to be recovered in an action of 
debt in the circuit court of the proper county, and may be re¬ 
moved from office at the discretion of the court; and any officer 
who shall knowingly violate any of the provisions of this Act, 
shall be liable to a fine of not less than $10 nor more than $1,000 
to be recovered in an action of debt, in the name of the People 
of the State of Illinois, in any court having jurisdiction, and may 
be removed from office at the discretion of the court, and said 
fines, when recovered, shall be paid into the county treasury. 

294. Refusal by clerk, assessor or other officer to do duty.] 
§ 288. Every county clerk, assessor, collector or other officer 
who shall in any case refuse or knowingly neglect to perform any 
duty enjoined upon him by this Act, or who shall consent to or 
connive at any evasion of its provisions, whereby any proceed¬ 
ing required by this Act shall be prevented or hindered, or 
whereby any property required to be listed for taxation shall be 



Div. VIII.] KEEPING ACCOUNTS OF COUNTY FUNDS. 541 


unlawfully exempted, or the same be entered upon the tax list 
at less than its fair cash value, shall, for every such offense, neg¬ 
lect or refusal, be liable, on the complaint of any person, for 
double the amount of the loss or damage caused thereby, to be 
recovered in an action of debt, in the name of the People of the 
State of Illinois, in any court having jurisdiction, and may be 
removed from his office at the discretion of the court. 

COUNTY TO FURNISH BOOKS AND BLANKS. 

295. Clerk to procure them. 

295. Clerk to procure them.] § 289. The county board 
shall direct the county clerk to procure all necessary books and 
blanks required by this Act to be used in the assessment of 
property and collection of taxes, at the expense of the county. 
[See 279 § 273; also, “Counties,” 26, § 26. 

COUNTY FUNDS—MANNER OF KEEPING ACCOUNTS THEREOF. 

296. By collector, etc. 

297. By county clerk, etc. 

296. By collector, etc.] § 290. The county collector shall, 
on the first of every month, report to the county clerk, in writ¬ 
ing, the amount of county tax received by him during the pre¬ 
ceding month, showing what amount of said tax was received 
in money, and what amount in county orders and jury certifi¬ 
cates. The county collector shall keep his account as collector 
of taxes separate from his account as county treasurer. He shall 
credit his account as collector with the amount of his monthly 
reports to the county clerk, and with the amount of insolvencies, 
removals, errors, forfeitures, and other credits allowed him on 
settlement with the county board; and as county treasurer he 
shall charge himself with the amount shown in his monthly re¬ 
port to the county clerk, as aforesaid, and such other amounts 
as may come into his hands as county treasurer; and he shall, 
as such treasurer, at the close of each month, cancel the county 
orders and jury certificates in his hands, and return the same 
with a descriptive list, giving numbers and amounts properly 
footed, to the county clerk, who shall carefully compare and file 
the same in his office, subject to the order of the county board, 
and give the treasurer a receipt for the same; which receipt 
shall be the evidence upon which the county treasurer shall take 
credit in his accounts as such treasurer, with the county, sub¬ 
ject to the approval of the county board. The county board shall 
examine such account and vouchers, at such time or times, by 
committee or otherwise, as may be deemed requisite. 



REVENUE. 


[Div. VIII. 


r> t2 


297. By clerk, etc.] §291. Each county clerk shall keep 
an account with the county collector, charging him with the 
amount of county tax placed in his hands for collection, and with 
the county tax received by him for sales and redemptions of 
forfeited property, and with any other funds, belonging to the 
county, that shall come into the collectors’ hands; and shall 
credit him with the amounts ascertained as required in the pre¬ 
ceding section, charged to the county treasurer’s account 
monthly; also, with amount of county tax on insolvencies, re¬ 
movals, errors, forfeited property, etc., whenever ascertained in 
the manner required by this Act. The county clerks shall also 
keep a treasurer’s account with the county treasurer of their 
respective counties. The treasurer shall be charged with the 
amount of money, county orders and jury certificates reported in 
the collector’s monthly statements required to be made in the 
preceding section, and all amounts paid to the county treasurer 
from other sources than the county revenue tax; and it is hereby 
made the duty of all persons paying money into the county treas¬ 
ury, for all purposes except the county taxes, to first obtain from 
the county clerk an order on the treasurer to receive the same; 
and the treasurer shall give the person so paying duplicate re¬ 
ceipts therefor, one of which shall be countersigned by the county 
clerk, and retained by the person paying over the amount, and 
the other filed in the county clerk’s office, and the amount thereof 
charged against the treasurer. The treasurer’s account shall be 
credited, monthly, with the amount of county orders and jury 
certificates canceled and filed in the county clerk’s office, as re¬ 
quired in the preceding section. 

DEFINITIONS. 

298. Words and phrases. 

299. Power of county court, until, etc. 

298. Words and phrases.] § 292. The words and phrases 
following, whenever used in this Act, shall be construed to in¬ 
clude in their meaning the definitions set opposite the same in 
this section, whenever it shall be necessary to the proper con¬ 
struction of this Act. 

1st. Assessor—Assessors.—Town, district and deputy as¬ 
sessors. 

2d. Auditor.—Auditor of public accounts. 

3d. Bank—Banker—Brocker—Stock-jobber.—Whoever has 
money employed in the business of dealing in coin, notes ’or 
bills of exchange, or in the business of dealing in or buying or 
selling any kind of bills of exchange, checks, drafts, bank notes, 



Div. VIII | 


DEFINITIONS. 


543 


promissory notes, bonds or other writing obligatory, or stocks 
of any kind or description whatsoever, or receiving money on 
deposit. 

4th. Collector—Collectors. —County, town, district and 
deputy collectors. 

5th. County board. —The board of supervisors—the board 
of county commissioners. 

6th. Credits. —Every claim or demand for money, labor, in¬ 
terest, or other valuable thing, due or to become due, not includ¬ 
ing money on deposit. 

7th. He. —Male, female, company, corporation, firm, so¬ 
ciety, singular or plural number. 

8th. Money—Moneys. —Gold, silver or other coin, paper or 
other currency used in barter and trade as money, in actual pos¬ 
session, and every deposit which the person owning, holding in 
trust, or having the beneficial interest therein, is entitled to 
withdraw in money on demand. 

9th. Number. —The singular number shall include the 
plural, and the plural number shall include the singular. 

10th. Oath. —Oath or affirmation. 

11th. Person—Persons.— Male, female, corporation, com¬ 
pany, firm, society, singular or plural number. 

12th. Real property—Real estate—Land—Tract—Lot.— Not 
only the land itself, whether laid out in town or city lots, or 
otherwise, with all things contained therein, but also all build¬ 
ings, structures and improvements, and other permanent fix¬ 
tures, of whatsoever kind, thereon, and all rights and privileges 
belonging or in anywise pertaining thereto, except where the 
same may be otherwise denominated by this Act. 

13th. Shares of stock—Shares of capital stock. —The shares 
into which the capital or stock of every incorporated company 
or association may be divided. 

14th. Tax — Taxes. —Any tax, special assessments or costs, 
interest or penalty imposed upon property. 

299. Power of county court, until, etc.] § 293. In all coun¬ 
ties not under township organization, the county court, or judge 
of the county court, as the case may require, shall perform all the 
duties required in this Act to be performed by the county board, 
or chairman of the county board, as the case may be, in such 
counties, until such time as the board of county commissioners 
shall be duly elected and qualified in said counties. 



544 


REVENUE. 


[Div. VIII. 


REPEALING CLAUSE. 

300. Act repealed. 

300. Acts repealed.] § 294. The laws and parts of laws 
entitled as hereinafter named are hereby repealed: 

[The Acts repealed are omitted, as they are enumerated in 
Revised Stat., chap. 131, § 5.] 

The repeal of said Acts and parts of Acts shall not be con¬ 
strued to impair any right existing, or affect any proceeding 
pending, at the time this Act shall take effect; but all proceed¬ 
ings for the assessment of any tax, or collection of any tax or 
special assessment then remaining incomplete, may be completed 
pursuant to the provisions of this Act. The provisions of this 
Act shall apply to redemptions from sales made for taxes or 
special assessment previous to the taxing effect hereof, and the 
mode of giving notice, and issuing deeds upon certificates of 
sales made for taxes. 

FOR THE ASSESSMEIT OF PROPERTY AND PROVIDING TPIE 
MEANS THEREFOR. 

AN ACT for the assessment of property and providing the means therefor, 
and to repeal a certain Act therein named. [Approved February 25, 
1898. In force July 1, 1898. Laws 1898, p. 34.] 

301. In counties not under township organization the county treasurer 

is ex-officio assessor—compensation. 

302. In counties under township organization—assessor may appoint 

deputies—compensation. 

303. In counties containing 125,000 or more inhabitants—Board of 

Assessors—election of—organization of—powers and duties— 
deputy assessor—appointment of. 

304. Assessor and supervisor of assessments to give bond—Official 

oath—form of. 

305. Assessor, etc.—penalty for neglect of duty. 

306. Board of Assessors may appoint deputies—term of office—fees—• 

oath—maps. 

307. Property subject to assessment and taxation. 

308. Property to be listed April 1—how and by whom listed. 

309. Real property—when and how listed and assessed. 

310. County clerk to make up duplicate books of lands or lots to be 

assessed for taxes—when made in triplicate. 

311. Assessors to receive books and blanks on or before April 1. 

312. When the assessor shall assess property—mode of assessment- 

actual view. 

313. Lists—when valuation and entries to be made in duplicate and 

when in triplicate books—alteration—subdivision. 

314. When lands change in value. 

315. Valuation of personal property—when and how valued. 



£>iv. VIII.] THE ASSESSMENT OF PROPERTY. 54o 


31G. 

317. 

318. 

319. 

320. 

321. 

322. 

323. 

324. 

325. 

326. 

327. 

328. 

329. 

330. 


331. 

332. 


333. 

334. 

335. 

336. 

337. 


338. 

339. 

340. 

341. 

342. 

343. 

344. 

345. 

346. 


347. 

348. 

349. 

350. 

351. 

352. 

353. 


354. 

355. 

356. 

357. 


358. 


When and how personal property to be listed. 

Schedule—assessed value. 

How real and personal property shall be valued—State Board of 
Equalization. 

Schedule—penalty for omission to make. 

Person refusing to sign and swear to schedule—duty of assessor— 
penalty. 

Township assessor—return of assessment books—affidavit. 
Authority of supervisor of assessments. 

In counties having a Board of Assessors—revision of assessment. 
Term of township assessor, etc. 

Office of Board of Assessors to be kept open during business 
hours—to furnish information to Board of Review, etc. 
Changes and alteration in assessment. 

Person entitled to copy of the description, schedule, etc. 

Schedule and statements of personal property—custody of. 
Assessment lists to be published—Board of Review. 

Board of Review—appointment of—vacancy—how filled—compen¬ 
sation—clerk. 

Who to constitute the Board—Powers of. 

In counties of 125,000 —Board of Review of three persons—election 
of—organization and duties. 

Form of oath to be taken. 

Meeting of Board to revise assessment—Powers and duties of. 
Powers and duties of Board of Review. 

Notices under this Act—How given. 

Board of Review—when and hew changes made upon assessment 
books. 

A form of affidavit to be attached to each of the assessment books. 
Rules and regulations. 

Failure to complete assessment in time—Not to vitiate. 

Board of Review—Meeting. 

Board of Review may examine assessor as to how assessment was 
made. 

Delivery of books containing assessments. 

Conniving at any evasion of this Act—Penalty. 

Delivering false or fraudulent lists to assessor—Penalty. 

Duty of State’s Attorney to prosecute—Fees—Payment of salary 
of county assessor, etc. 

Abstract of the assessment to be sent to Auditor. 

County collector—Duplicate delinquent lists—When to be made and 
where to be filed. 

County clerk to estimate and determine rate per cent—how to be 
determined. 

Amount of taxes authorized to be levied. 

Levy and extension of taxes. 

State Board of Equalization—time of meeting. 

The State Board of Equalization may raise or lower total assessed 
value. 

When books for the collection of taxes to be delivered to collector. 
A number of dates for the performance of Acts under the General 
Revenue Law changed. 

Board of Assessors—duties and powers of—penalties. # t 

Provisions of the General Revenue Act applicable—to remain in 
force. 

Majority of Board may act. 






546 


REVENUE. 


[Div. VIII. 


359. In counties of 125,000 or over—power of township assessor. 

360. Provision in case any county shall hereafter come under the 

provisions of this Act. 

361. Repeal. 

301. In counties not under township organization the 
county treasurer is ex-officio assessor—Compensation.] § 1. Be 

it enacted by the People of the State of Illinois, represented in 
the General Assembly: That in counties not under township 
organization the County Treasurer shall be ex-officio county as¬ 
sessor, and he shall receive as compensation for his services as 
county assessor, the sum of five hundred dollars ($500) per an¬ 
num: Provided, that in counties having a population of less than 
125,000 and over 50,000 he shall receive the sum of one thousand 
dollars ($1,000) per annum. [As amended by Act approved May 
15, 1903. In force July 1, 1903. Laws 1903, p. 295. 

302. In counties under township organization—Assessor— 
May appoint deputies—Compensation.] § 2. In counties under 
township organization of less than 125,000 inhabitants the county 
treasurer shall be ex-officio supervisor of assessments in his 
county and shall receive as compensation for his services as su¬ 
pervisor of assessments the sum of one thousand dollars ($1,000) 
per annum: Provided, that in counties having a population of 
less than 45,000 he shall receive the sum of five hundred dollars 
($500) per annum. He shall have a suitable office, to be pro¬ 
vided and furnished by the county board, in which he shall keep, 
subject to the inspection of all persons who shall desire to con¬ 
sult the same, the assessment books returned to him as directed 
by law. He shall keep his office open for business from 9 o’clock 
a. m. to 5 o’clock p. m. of every day except Sundays and legal 
holidays. He may, by and with the advice and consent of the 
county board, appoint necessary deputies and clerks, their com¬ 
pensation to be fixed by the county board and paid by the county. 
The supervisor of assessments shall, on or before the first day of 
April in each year, assemble all assessors and their deputies for 
consultation, and shall give such instructions to them as shall 
tend to a uniformity in the action of the assessors and deputy 
assessors in his county. Any assessor or deputy assessor who 
shall wilfully refuse or neglect to observe or follow the direc¬ 
tions of the supervisor of assessments, which shall be in accord¬ 
ance with law, shall, upon conviction thereof in any court of 
competent jurisdiction, for each ofifense be fined not less than 
fifty dollars nor more than five hundred dollars, or be confined 
in the county jail not exceeding six months, in the discretion of 
the court. In counties under township organization where a 



Div. VIII.] 


BOARD OF ASSESSORS. 


547 


town assessor shall be unable alone to perform all the duties 
of his office, he may, by and with the advice and consent of the 
town board of auditors first obtained, appoint one or more suit¬ 
able persons to act as deputies to assist him in making the as¬ 
sessment. 

The compensation of the township assessors shall be as fol¬ 
lows : In townships containing not less that five thousand 
(5,000) inhabitants they shall receive not less than five dollars 
($5.00) nor more than ten dollars ($10.00) per day: Provided , 
that in townships containing more than fifteen thousand (15,000) 
inhabitants additional compensation may be allowed, making 
their entire compensation for making the assessment a sum not 
exceeding one thousand dollars ($1,000). In townships con¬ 
taining less than five thousand (5,000) inhabitants they shall re¬ 
ceive not less than two and one-half dollars ($2.50) nor more than 
five dollars ($5.00) per day; necessary deputy assessors shall 
receive not exceeding five dollars ($5.00) per day. The compen¬ 
sation as herein provided shall be fixed by the board of township 
auditors, and shall be based upon the time actually employed 
in the making of such assessment, and such assessors and depu¬ 
ties shall make affidavit of the time so employed. Population as 
herein used shall be deemed to be the population of such town¬ 
ships as ascertained by the last preceding federal and school cen¬ 
sus. [As amended by Act approved May 15, 1903. In force July 
1, 1903. Laws 1903, p. 295. 

303. In counties containing 125,000 or more inhabitants— 
Board of assessors—Election of—Organization of—Powers and 
duties—Deputy assessors—Appointment of.] § 3. In all coun¬ 
ties of this state containing one hundred and twenty-five thous¬ 
and or more inhabitants there is hereby created and established 
a board of assessors, consisting of five persons, not more 
than four of whom shall be residents of any one city, to be 
known as the board of assessors of said county. At the regu¬ 
lar county election to be held in such county in the year 1898 
for the election of county officers, there shall be elected by 
the legal voters of said county five assessors, whose terms 
of office shall commence on the first day of January next 
ensuing, who shall hold their office, two for two years, two 
for four years, and one for six years, respectively, and until their 
successors are elected and qualified. And every two years there¬ 
after, at the regular county election in said county for the elec¬ 
tion of county officers, there shall be elected an assessor, or 
two assessors, as the case may be, to succeed the assessor or 
assessors whose term of office shall expire that year, whose term 



548 


REVENUE. 


[Div. VITI. 


of office shall commence on the first day of January next follow¬ 
ing, and shall be six years in duration and until his or their suc¬ 
cessors shall be elected and qualified. The assessors so elected 
shall qualify within ten days after the canvass of the vote js 
completed. Such assessors shall hold no other lucrative public 
office or public employment. Each of said assessors, before 
entering upon the duties of his office, shall take and subscribe 
the oath provided for in this Act. At the first meeting of the 
board of assessors they shall determine by lot which of them 
shall hold office for the respective terms. The chairman of the 
board shall be the person having the shortest term to serve. In 
the years when two persons shall be serving the shortest term it 
shall be determined by lot which of such two persons shall be 
chairman. Each assessor shall receive as compensation such sum 
as may be fixed by the county board, to be paid out of the county 
treasury. 

In case of any vacancy in said board, or the failure of any 
person elected to that office to qualify, the board of review pro¬ 
vided for in such counties may appoint a person to fill such va¬ 
cancy until his successor shall be elected and shall qualify, and 
an assessor to fill such vacancy shall be elected at the next regu¬ 
lar county election. 

Said board of assessors shall have power to employ a chief 
clerk, who shall have charge of the office of such board, and such 
other clerical help as may be necessary subject to the approval 
of the board of review as to the number thereof, who shall hold 
office during the pleasure of the board, and who shall be present 
and in attendance at all proper business hours. Such chief clerk 
shall take and subscribe an oath of office that he will honestly 
and faithfully perform all duties of such office under the direc¬ 
tion of said board, and he shall have power to administer all 
oaths authorized by law to be administered by assessors, and the 
compensation of such clerk shall be fixed by such board sub¬ 
ject to the approval of the board of review, not to exceed ten 
dollars per day, for each working day. 

In all townships in such counties not lying wholly within the 
limits of one city, the township assessor shall be ex-officio the 
deputy assessor to make the assessments in the township where¬ 
in he is elected: Provided , That if, in any such township, said 
township assessor shall not be able, by himself alone, within 
the time allowed by law to make the assessment of said town¬ 
ship, then any additional deputy assessor, or deputy assessors, 
required to make such assessment, shall be residents and legal 
voters of such township, and shall be nominated by the board 
of auditors of such township, and appointed by the board of as- 





Div. VIII.] ASSESSOR TO GIVE BOND—OATH. 


sessors only upon such nomination, and deputy assessors so ap¬ 
pointed shall act under the supervision of the ex-officio deputy 
town assessors. 1 [As amended by Act approved June 26, 1913. 
In force July 1, 1913. Laws 1913, p. 510. 

304. Assessor and supervisor of assessments to give bonds_ 

Official oath—Form of.] § 4. Every assessor and supervisor of 
assessments shall, before he enters upon the duties of his office, 
enter into a bond, payable to the people of the State of 
Illinois in the sum of two thousand dollars or such larger sum as 
the county board shall determine, with two or more sufficient 
sureties, to be approved by the president or chairman of the 
county board, except in the case of the supervisor of assessments, 
whose bond shall be approved by the count board: Provided, 
that township assessors in counties having less than one hundred 
and twenty-five thousand inhabitants shall be required to give 
bond only in the sum of five hundred dollars each, with sureties 
as above provided. Said bond to be approved by the supervisor 
of their respective towns. The condition of the bond shall be 
that such assessor or supervisor of assessments, as the case may 
be, will diligently, faithfully and impartially perform each and 
singular the duties enjoined upon him by law. Such bonds shall 
be filed in the office of the county clerk and recorded at large 
in a book to be provided for such bonds. The state, county, town 
or any municipality, corporation or person suffering any loss or 
damage by reason of any failure to keep and perform any of the 
conditions of the bond to the best of his ability may recover 
thereon for their or his use by suit in the name of the people of 
the State of Illinois. And every assessor, deputy assessor or 
supervisor of assessments shall, also, before entering upon the 
duties of his office, take and subscribe to an oath, which oath 
shall also be filed in the office of the county clerk: Provided, 
that the oath of township assessors and their deputies shall be 
filed with their respective town clerks. Said oath to be as follows: 

I do solemnly swear (or affirm) that I will support the con¬ 
stitution of the United States and the constitution of the State of 
Illinois, and that I will faithfully discharge all the duties of the 
office of assessor, deputy assessor or supervisor of assessments 
(as the case may be) to the best of my ability; that I will with¬ 
out fear or favor appraise all the property in said county at its 
fair cash value, said value to be ascertained at what the property 
will bring at a voluntary sale in the due course of business and 
trade, and that I will assess said property when so appraised at 
one-fifth of its said cash value; that I will cause every person, 
company or corporation assessed to sign his, her or its assess¬ 
ment schedule, and I will administer to each and every person so 
signing said assessment schedule the oath thereon, and return. 


(1) Burton Stock Car Co. v. Treager, Coir., 187 Ill., ?. 





550 


REVENUE. 


[Div. VIII. 


said schedule so signed and file the same with the county clerk. 

305. Assessor, etc.—Penalty for neglect of duty.] § 5. Any 
assessor or deputy assessor or supervisor of assessments or 
other persons, whose duty it is to assess property for taxation or 
equalize any such assessment, who shall refuse or knowingly 
neglect to perform any duty required of him by law, or who 
shall consent to or connive at any evasion of the provisions of 
this Act, whereby any property required to be assessed shall be 
unlawfully exempted in whole or in part or the valuation there¬ 
of entered or set down at more or less than is required by 
law, shall, upon conviction, be fined for each offense not less 
than one hundred dollars nor more than five thousand dollars 
and imprisoned in the county jail not exceeding one year, and 
shall also be liable upon his bond to the party injured for all 
damages sustained by such party, as above provided. 

306. Board of assessors may appoint deputies—Term of 
office—Fees—Oaths—Maps.] § 6. The board of assessors shall 
have power to appoint as many suitable persons as in their judg¬ 
ment are necessary to act as deputies, subject to the approval 
of the board of review as to the number and time of service of 
such deputies to assist them in making the assessment, who 
shall perform such duties as may be assigned to them by the 
board of assessors. They shall hold their office during the 
will of the board of assessors, and shall receive such compensa¬ 
tion as shall be determined by the board, not exceeding five dol¬ 
lars ($5.00) per day: Provided, that the assessors and deputy 
assessors of counties of one hundred and twenty-five thousand 
inhabitants or over shall be paid for their services out of the 
county treasury. Such deputy assessors shall, before entering 
upon their duties, take and subscribe the oath or affirmation pre¬ 
scribed for the assessors. 

The board of assessors shall have power and authority to 
make and purchase such maps and plats as will facilitate the 
business of their office, which maps and plats shall always be 
and remain in their office, and shall be open and accessible to the 
public. [As amended by Act approved and in force April 24, 
1899. Laws 1899, p. 335. 

307. Property subject to assessment and taxation.] § 7. 

All property in this State shall be subject to assessment and 
taxation as provided by the general laws for the assessment of 
property and for the levy and collection of taxes, except such 
property as may be exempt therefrom by such general laws. 
Such property shall be listed and valued in the manner and by 
the persons heretofore provided by law except as herein other¬ 
wise expressly provided. 



Div. VIII.] WHEN REAL PROPERTY TO BE LISTED. 


551 


303. Property to be listed April 1—How and by whom 
listed.] §8. All property subject to taxation shall be listed by 
the person at the place and in the manner required by law, and 
assessed at the place and in the manner required by law with 
reference to the ownership, amount, kind and value on the first 
day of April in the year for which the property is required to be 
listed including all property purchased on that day. The owner 
of property on the first day of April in any year shall be liable 
for the taxes on that year. 

The purchaser of property on the first day of April shall 
be considered as the owner on that day. 

309. Real property—When and how listed and assessed.] 

§9. All real property subject to taxation under the general 
revenue laws of the State, including real estate becoming tax¬ 
able for the first time, shall be listed in the name of the owner 
thereof by such owners, or persons required by law, or their 
agents, or the officers provided by law, and assessed for the year 
one thousand eight hundred and ninety-nine (1899), and every 
fourth year thereafter, with reference to the amount owned on 
the first day of April in the year in which the same is assessed, 
including all property purchased on that day, which assessment 
shall be known as the general assessment, and as modified or 
equalized or changed as provided by law, shall be the assessment 
upon which taxes shall be levied and extended during the quad¬ 
rennial period for which the same is made: Provided, that no 
assessment of real property shall be considered as illegal by 
reason of the same not being listed or assessed in the name of 
the owner or owners thereof. 

310. County clerk to make up duplicate books of lands or 
lots to be assessed for taxes—When made in triplicate.] § 10. 
The county clerk shall, before the first day of April in the 
year nineteen hundred and seven (1907), and every fourth year 
thereafter, make up in books, to be provided for that purpose, 
a list of lands and lots to be assessed for taxes in the manner 
provided in the general revenue law. He shall also annually 
after the adoption of this Act before the first day of April 
make a list of lands and lots which are taxable, or which shall 
become taxable for the first time, and which are not already 
listed, and a list of lands and lots which have been subdivided 
and not listed by the proper description. Such lists shall be 
made up in the manner in which the county clerk is required by 
the general revenue law to make such lists: [Provided, that in 
counties of 125,000 inhabitants, or over, said books shall be made 



552 


REVENUE. 


[Div. VIII. 


in triplicate.] [As amended by Act approved May 18, 1905. In 
force July 1, 1905. Laws 1905, p. 360. 

311. Assessors to receive books and blanks on or before 

April 1.] § 11. It shall be the duty of the county assessor, the 

board of assessors, or the supervisor of assessments, as the case 
may be, to call upon the county clerk on or before the first day 
of April in each year and receive the assessment books and blanks 
as prepared by said county clerk for the assessment of property 
for that year. 

312. When the assessor shall assess property—Mode of as¬ 
sessment—Actual view.] § 12. The assessor shall, before the 
first day of June in the year 1899 and every fourth year thereafter, 
in person or by his deputy, actually view and determine as near 
as practicable the value of each tract or lot of land listed for 
taxation as of the first day of April of each year, and assess the 
same at the value required by law, setting down the sum in 
proper columns prepared therefor in duplicate books furnished 
him. In making such assessments he shall set down his valua¬ 
tion of improved tracts and lots in one column, and his value 
of unimproved tracts and lots in another column. He shall, also, 
between the first day of April and the first day of June in each 
intervening year, list and assess in like manner all real property 
which shall become taxable and which is not upon the general as¬ 
sessment, and also make and return a list of all new or added 
buildings, structures or other improvements of any kind, the 
value of which shall not have been previously added to or in¬ 
cluded in the valuation of the tract or lot on which such im¬ 
provements have been erected or placed, specifying the tract or 
lot on which each of said improvements has been erected or 
placed, the kind of improvement and the value which, in his 
opinion, has been added to such tract or lot by the erection there¬ 
of ; and in case of the destruction or injury by fire, flood, cy¬ 
clone, storm or otherwise, or removal of any structures of any 
kind, or of the destruction of or any injury to orchard, timber, 
ornamental trees or groves, the value of which shall have been 
included in any former valuation of the tract or lot on which the 
same stood, the assessor shall determine as near as practicable 
how much the value of such tract or lot has been diminished in 
consequence of such destruction or injury, and make return 
thereof. And in case any assessor shall fail or neglect so to 
do, then the supervisor of assessments shall, in the case of such 
new or added improvements, assess the same according to the 
assessment of the same property in the general assessment, and 
in the case of such destruction shall abate from the assessment 
of the tracts or lots so damaged or lessened the proper propor- 



Div. VIII.] 


LISTS—DUPLICATE AND TRIPLICATE. 


553 


tion thereof, estimated according to the same principles; in coun¬ 
ties containing one hundred and twenty-five thousand or more 
inhabitants such books shall be made up by townships. 

313. Lists—When valuations and entries to be made in 
duplicate and when in triplicate books—Alteration—Subdivi¬ 
sion.] § 13. All such lists, valuations and entries shall in coun¬ 
ties of 125,000 inhabitants or over be made in triplicate assess¬ 
ment books; in all other counties in duplicate books. The assess- 
sor shall, also, from time to time, make such alterations in the 
description of real property as he may find necessary, and when 
real property has been subdivided since the making of the gen¬ 
eral assessment, shall from time to time correct the descriptions 
so that they shall correspond to the subdivisions, and distribute 
the assessment in the proper proportions among the lots or 
parcels into which the land shall have been subdivided; and in 
case of a vacation of a subdivision readjust the description of 
the assessment accordingly. [As amended by Act approved 
May 18, 1905. In force July 1, 1905. Laws 1905, p. 360. 

314. When lands change in value.] § 14. On or before the 
first day of June in each year, other than the year of the quad¬ 
rennial assessment, the assessor shall determine the amount, in 
his opinion, of any change in the value of any tracts or lots of 
land by reason of any injury to, alteration in or addition to, the 
improvements thereon since the first of April in the preceding 
year and prior to the first of April in the current year, and add 
to or deduct from the assessment accordingly, setting down the 
amount of such change in a proper column in the assessment 
books. The value of lands and improvements shall be separately 
fixed, and shall in any assessment made hereafter be set down in 
separate columns in said assessor’s books. The assessors shall 
not in any year, except the year of the quadrennial assessment, 
change the valuation of any real estate or improvements or the 
division thereof, except as above provided in this section: Pro¬ 
vided, however , that if at any time before judgment or order of 
sale therefor the said assessors shall discover an error or mis¬ 
take (other than errors of judgment as to the valuation of any 
real or personal property) in any assessment of any property 
belonging to any person or corporation, they shall issue to the 
person or corporation erroneously assessed a certificate setting 
forth the nature of such error and the cause or causes which 
operated to produce the same, which said certificate, when prop¬ 
erly endorsed by the majority of board of review, showing their 
concurrence therein, and not otherwise, may be used in evidence 
in any court of competent jurisdiction, and when so introduced 



554 


REVENUE. 


[Div. VIII. 


in evidence such certificate shall become a part of the court record 
and shall not be removed from the files except on an order of 
the court. [As amended by Act approved May 18, 1905. In 
force July 1, 1905. Laws 1905, p. 360. 

315. Personal property—When and how valued.] § 15. 
Personal property shall be valued as and in the manner required 
by law, and shall be listed between the first day of April and the 
first day of June of each year when required by the assessor, with 
reference to the quantity held or owned on the first day of April 
in the year for which the property is required to be listed. Per¬ 
sonal property purchased or acquired on the first day of April 
shall be listed by or for the person purchasing or acquiring it. 

316. When and how personal property to be listed.] § 16. 
The assessor or his deputy shall annually, between the first day 
of April and June, list the taxable personal property in his 
county, town or district, and assess the value thereof as of the 
first day of April, in the manner following, to-wit: He shall call 
at the office, place of doing business or residence of each person 
required by this act to list property and list his name, and shall 
require such person to make a correct statement of the taxable 
property in accordance with the provisions of this Act, and the 
person listing the property shall enter a true and correct state¬ 
ment of such property owned by him on the first day of April 
of that year, in the form prescribed by law, which shall be signed 
and sworn to to the extent required by this Act by the person 
listing the property, who shall deliver such statement to the as¬ 
sessor ; and the assessor shall thereupon assess the value of such 
property, and enter the valuation in his books: Provided, if any 
property is listed or assessed on or after the first day of June, 
the same shall be as legal and binding as if listed and assessed 
before that time. 

317. To furnish printed blank schedule—Assessed value.] 

§17. The assessor shall furnish to each person required to list 
personal property a printed blank schedule, forms to be fur¬ 
nished by the auditor of public accounts, upon which shall be 
printed a notice substantially as follows: 

“This schedule must be filled out, sworn to and returned to me in per¬ 
son or by mail at-(address)--on or before-. You are to give 

a full, fair cash value of the articles mentioned as well as the amount of 
money required to be returned. Only one-third of the several amounts will 

be taken and assessed for the purpose of taxation. (Signature)-, 

“Assessor.” 

There shall also be printed upon such blank the schedule now 
required by law, and the following, which is a part of this 
section: 







Div. VIII.] 


REAL AND PERSONAL PROPERTY. 


555 


And every person required to list personal property or money 
shall fill out, subscribe and swear to, and return to the assessor, 
in person or by mail, at the time required, such schedule in ac¬ 
cordance with law, giving the numbers, amounts, quantity and 
quality of all the articles enumerated in said schedule by him 
possessed or under his control, required to be listed by him for 
taxation. The assessor shall determine and fix the fair cash 
value of all items of personal property, including all grain on 
hand on the first day of April, and set down the same, as well as 
the amounts of notes, accounts, bonds and moneys, in a column 
headed “full value,” and ascertain and assess the same at one- 
third part thereof, and set down said one-third part thereof in a 
column headed “assessed value,” which last amount shall be 
the assessed value thereof for all purposes of taxation. The 
assessor, or some person authorized by law to administer an oath, 
shall administer the oath required in this section. [As amended 
by Act approved June 12, 1909. In force July 1, 1909. Laws 
1909, p. 308. 

318. How real and personal property shall be valued— 
State board of equalization.] § 18. Personal property shall be 
valued at its fair cash value, less such deductions as may be al¬ 
lowed by law to be made from credits, which value shall be set 
down in one column, to be headed “full value,” and one-third 
part thereof shall be ascertained and set down in another column 
which shall be headed “assessed value.” 

Real property shall be valued at its fair cash value, esti¬ 
mated at the price it would bring at a fair voluntary sale in the 
course of trade, which shall be set down in one column, to be 
headed “full value,” and one-third part thereof shall be set down 
in another column, which shall be headed “assessed value.” 

The State Board of Equalization in valuing property as¬ 
sessed by them shall ascertain and determine respectively the 
fair cash value of such property, which fair cash value shall be 
set down in one column to be headed “full value,” and one-third 
part thereof shall be ascertained and set down in another col¬ 
umn, which shall be headed “assessed value.” 

The one-third value of all property so ascertained and set 
down shall be the assessed value for all purposes of taxation, 
limitation of taxation and limitation of indebtedness prescribed 
in the constitution or any statute. [As amended by Act approved 
June 12, 1909. In force July 1, 1909. Laws 1909, p. 309. 

319. Schedule—Penalty for omission to make.] § 19. The 
assessor shall require every person to make, sign, and swear to 
the schedule provided for by this Act. If any person shall re- 



556 


REVENUE. 


[Div. VIII. 


fuse to make the schedule herein required, or to subscribe and 
swear to the same, the assessor shall list the property of such 
person according to his best knowledge, information and judg¬ 
ment, at its fair cash value, and shall add to the valuation of such 
list an amount equal to fifty per cent of such valuation. Whoever 
in making such schedule shall wilfully swear falsely in any ma¬ 
terial matter shall be guilty of perjury and punished accordingly. 

320. Person refusing to sign and swear to schedule—Duty of 
assessor—Penalty.] § 20. The assessor, deputy assessor, or 
some other person duly authorized by law to administer oaths, 
shall administer the oath or affirmation attached to the assess¬ 
ment schedule as provided by law, to each person or proper officer 
of corporation so assessed, and such person or officer of such cor¬ 
poration shall be required to sign said assessment schedule and 
swear to the same, and in case any one refuses so to do, the as¬ 
sessor shall note the fact in the column of remarks opposite such 
person’s name; and any assessor failing to have said assessment 
schedule so signed by the person assessed and an oath adminis¬ 
tered as required by law, or failing to make such note that the 
person or proper officer of the corporation refuses so to do, shall 
for each offence be fined not less than one hundred dollars ($100) 
nor more than five thousand dollars ($5,000). 

321. Township assessor—Return of assessment books—Affi¬ 
davit.] §21. The township assessor shall, on or before the first 
day of June, for the year for which the assessment is made, return 
the assessment books to the county supervisor of assessments. 
Each of said books shall be verified by affidavit of the assessor 
substantially as follows: 

State of Illinois, 1 

County of -, f 

“I do solemnly swear that the book or books,-in number [a^ the 

case may be], to which this affidavit is attached, contains a full and com¬ 
plete list of all of the real and personal property in the township or assess¬ 
ment district herein described subject to taxation for the year-so far 

as I have been able to ascertain the same, and that the assessed value set 
down in the proper column opposite the several kinds and descriptions of 
property is a just and equal assessment of such property according to law. 

322. Authority of supervisor of assessments.] § 22. The 

supervisor of assessments of the county shall have the same 
authority as the township assessor to assess, make changes or 
alterations in the assessment of property. 

323. In counties having a board of assessors—Revision of 
assessment.] § 23. In counties having a board of assessors such 
board shall meet on the first Monday of June in each year for 
the purpose of revising the assessment of real property, and on 






Div. VIII.1 


REAL AND PERSONAL PROPERTY. 


557 


the third Monday of June of each year for the purpose of revis¬ 
ing the assessment of personal property. At such meeting the 
board of assessors, upon application of any taxpayer or upon 
their own motion, shall revise the assessment and correct the 
same as shall appear to them to be just. Such meeting may be 
adjourned from day to day, as may be necessary, and the board 
shall finish such revision upon or before the first day of July. 
When such revision is completed and the change and revisions 
entered in the assessment books, an affidavit shall be appended 
to each of such assessment books, in the form required by law, 
signed by at least two of such assessors. Upon the signing of 
such affidavits the board of assessors shall have no further power 
to change the assessment or alter the assessment books so as to 
change or affect the taxes of that year. 

324. Term of township assessor, etc.] § 24. The town¬ 
ship assessor elected and qualified at the township election last 
preceding the date on which this Act shall take effect, or in case 
of any vacancies in such offices, the persons appointed to fill 
such vacancies shall hold their offices and perform all the duties 
thereof until January next following the date of the election of 
their successor, and thereafter their successors shall enter upon 
their duties on the first day of January next following their elec¬ 
tion, and perform the duties of said office for one year or until 
their successors are elected and qualified. 

325. Office of Board of Assessors to be kept open during 
business hours—To furnish information to Board of Review, 
etc.] § 25. The office of the board of assessors, the county 
supervisor of assessments and the county assessor shall be open 
all the year during business hours to hear or receive complaints 
or suggestions, that real property has not been assessed at proper 
valuation. The supervisor of assessments, county assessor, or 
board of assessors, as the case may be, shall furnish to the board 
of review all books, papers and information in his or their office 
that said board may call for to assist them in the proper dis¬ 
charge of their duties. 

326. Changes and alterations in assessment.] §26. The 
supervisor of assessments shall assess, make such changes or 
alterations in the assessment of property as though originally 
made, and in making such changes in valuation as returned by 
the township assessor such changes shall be noted in a column 
provided therefor, and no change shall be made in the original 
figures. 

All changes and alterations in the assessment of real prop¬ 
erty shall be subject to revision by the board of review in the 
same manner that original assessments are reviewed. 



558 


REVENUE. 


[Div. VIII. 


327. Person entitled to copy of the description, schedule, 
etc.] § 27. The supervisor of assessments, or in counties having 
a board of assessors, the chief clerk when requested, shall de¬ 
liver to any person a copy of the description, schedule, return, 
or statement of property assessed in his name or in which he 
is interested, and the valuatoin placed thereon by the assessor 
or the board of review. 

328. Schedules and statements of personal property— 
Custody of.] §28. The board of assessors and the supervisor 
of assessments shall deliver all schedules and statements of per¬ 
sonal property which have been received or made up by him 
or them to the board of review when required by them in the 
performance of their duties. Such schedules, after the assessment 
is fully completed, shall be returned to the supervisor of assess¬ 
ments or board of assessors and shall be preserved for at least 
two years. 

329. Assessment lists to be published—Board of Review.] 

§ 29. As soon as the county assessor or supervisor of assess¬ 
ments shall have completed the assessment in the year A. D. 
1907, he shall cause to be published a full and complete list of 
such assessment by township or assessment districts, which 
publication shall be made on or before July 10 of each year in 
some public newspaper or newspapers published in said county: 
Provided, that in every township or assessment district in which 
there is published one or more newspapers of general circulation 
the list of such township or assessment district shall be pub¬ 
lished in one of said newspapers so published in said township 
or assessment district: And, provided, that said newspaper shall 
not receive for the publishing of said assessment list to exceed 
three (3) cents per name for each person or corporation so as¬ 
sessed, and if impossible to secure publication at that price, that 
the publication be let to the lowest bidder at a price not exceed¬ 
ing five cents per tract, and shall furnish to the county assessor, 
the county supervisor of assessments and the board of review 
as many copies of said paper containing the assessment list as 
they may require, said papers so furnished not to cost to exceed 
five (5) cents per copy: Provided, further, that after the year 
1907, the publication shall only be of the assessment of personal 
property and the changes made, if any, in real estate, but the 
real estate assessmnt shall be published in full every four (4) 
years, beginning with the year 1907: Provided, further, that in 
counties of 125,000 inhabitants or over, no assessment of real 
estate shall be published as herein provided until such assess¬ 
ment shall have been equalized, revised or affirmed by the board 



Div. VIII.] BOARD OF REVIEW—HOW CONSTITUTED. 


559 


of review, and when the board of review shall have acted upon 
the assessment list of real property, as herein provided in the 
year 1907, and every four years thereafter, the assessors and 
board of review shall cause to be published a full and complete 
list of such assessment on real property, together with all changes 
made by the board of review under the authority of this Act, 
such changes to be indicated in a separate column, such pub¬ 
lication to be in pamphlet form by election districts in lieu of 
publication in a newspaper: And, provided, that the board of 
review shall cause to be mailed to each taxpayer in said election 
precinct a copy of the said list for his precinct: Provided, further, 
that in case said assessment is not published in conformity with 
law and was not mailed in accordance with the provisions of 
this Act, the failure to so publish the same or mail the same 
shall not be considered as a valid objection to a judgment for 
tax sale in the county court. The expense of such printing and 
publication shall be paid out of the county treasury. [Approved 
and in force May 24, 1907. Laws 1907, p. 499. 

330. Board of Review—Appointment of— Vacancy — How 
filled—Compensation—Clerk.] § 30. In counties under town¬ 
ship organization of less than 125,000 inhabitants, the chair¬ 
man of the board of supervisors and two (2) citizens of said 
county, to be appointed by the county judge, on or before June 
1st of each year, shall constitute the board of review to review 
the assessments made by the county supervisor of assessments, 
one of said citizens shall be appointed by said county judge from 
each of the political parties polling the highest vote at the gen¬ 
eral election next preceding such appointment. In case of a 
vacancy in such board, then the county judge may appoint a 
citizen of such county to fill such vacancy until such time as said 
office can be filled by the officer herein named. The chairman 
of the county board shall be the chairman of the board of re¬ 
view. The members of the board of review shall receive as com¬ 
pensation the sum per day for each day of service as shall be 
fixed by the county board; their time of service to be made out 
in due form, with day and date, and sworn-to by the members 
thereof: Providing, further, that in counties of less than 125,000 
inhabitants, the members of the board of review by a majority 
vote may select some suitable person to act as clerk of said 
board of review, and such clerk shall receive as compensation 
the sum per day for each day of service as shall be fixed by the 
county board; the time of services of such clerk to be made out 
in due form, with day and date, and sworn to by such clerk. 
[As amended by Act approved May 13, 1907. In force July 1, 
1907. Laws 1907, p. 497. 



560 


REVENUE. 


[Div. VIII. 


331. Who to constitute the board—Powers of.] §31. In 

counties not under township organization the board of county 
commissioners shall constitute the board of review. All powers 
and duties conferred or required by this Act which apply to 
boards of review in counties under township organization of less 
than 125,000 inhabitants shall apply to boards of review of coun¬ 
ties not under township organization. They shall receive the 
same compensation as now allowed them by law as county com¬ 
missioners. The county assessor of such counties shall have the 
same powers and duties, so far as the same are applicable, as 
are conferred by this Act upon county supervisors of assessments 
in counties under township organization. 

332. In counties of 125,000—Board of Review of three per¬ 
sons—Election of—Organization and duties of.] § 32. In coun¬ 
ties containing 125,000 or more inhabitants there shall be elected 
at the regular county election in the year 1898 a board of review 
consisting of three persons, whose term of office shall commence 
on the first day of January next following and shall be two, 
four and six years respectively and until their successors shall 
be elected and shall qualify. At every regular county election 
occurring thereafter t there shall be elected a member of the 
board of review to succeed the one whose term shall expire that 
year, and whose term of office shall be six years and until his 
successor shall be elected and shall qualify. The persons so 
elected shall qualify within ten days after the canvass of the 
vote shall be completed. They shall hold no other lucrative pub¬ 
lic office or public employment. Each member before entering 
upon the duties of his office shall take and subscribe the oath 
provided for by law. At the first meeting of the board of re¬ 
view they shall determine by lot which of the members thereof 
shall hold office for the respective terms. Each member shall 
receive as compensation such sum as may be fixed by the county 
board, to be paid out of the county treasury. In case of any 
vacancy in said board or the failure of any person elected to 
that office to qualify, the judge of the county court shall appoint 
a person to fill such*vacancy until his successor shall be elected 
and shall qualify, the member having the shortest term to serve 
shall be the chairman of such board. 

333. Form of oath to be taken.] § 33. Each member of the 
board of review created by this Act shall, before entering upon 
the duties of his office, take and subscribe to the following oath: 

I do most solemnly swear (or affirm) that I will, as a mem¬ 
ber of the board of review of assessments, faithfully perform all 
the duties of said office as required by law; that I will fairly and 
impartially review the assessment of all property as made, that I 



Div. VIII.] BOARD OF REVIEW—POWERS OF. 


561 


will correct any and all assessments which should be corrected; 
that I will raise said assessment or lower the same as justice may 
require; that I will do and perform all acts necessary to procure 
a full, fair and impartial assessment of all property of every 
kind, nature and description. 

334. Meeting of Board to revise assessment—Powers and 
duties of.] §34. The board of review shall meet on or before 
the third Monday in June in each year, for the purpose of revising 
the assessment of property. At such meeting the board of re¬ 
view, upon application of any taxpayer or upon their own mo¬ 
tion, may revise the entire assessment or any part thereof of any 
taxpayer, and correct the same as shall appear to them to be 
just, but in none of the cases provided for in this Act shall the 
assessment of the property of any person be increased unless 
such person or his agent, if either be a resident or has a place of 
business in the county, shall first have been notified in writing and 
been given an opportunity to be heard. Such meeting may be 
adjourned from day to day as may be necessary. Provided, that 
the final adjournment of said board of review shall be on or 
before the seventh day of September and that no per diem com¬ 
pensation shall be paid any member of said board for services 
rendered after the date fixed for the final adjournment. [As 
amended by Act approved June 4, 1907. In force July 1, 1907. 
Laws 1907, p. 496. 

335. Powers and duties of board of review.] § 35. The 

board of review shall in any year, whether the year of the quad¬ 
rennial assessment or not: 

First —Assess all property subject to assessment which shall 
not have been assessed by the assessors and the board may make 
such alterations in the description of real or personal property 
as it shall deem necessary. 

Second —On complaint in writing that any property de¬ 
scribed in such complaint is incorrectly assessed, the board shall 
review the assessment, and correct the same, as shall appear to 
be just. Such complaint to affect the assessment for the current 
year shall be filed on or before the first day of August: Provided, 
that if the assessment books containing the assessment com¬ 
plained of are not filed with the board of review by the twen¬ 
tieth day of July then such complaint shall be filed on or before 
ten days thereafter. The board may also, of its own motion, 'at 
any time before its revision of the assessments is completed 
in every year, increase, reduce or otherwise adjust the assess¬ 
ment of any individual or corporation, on real property or per¬ 
sonality, making changes in the valuations thereof as may be 
just, and shall have full power over the assessment of any in- 



562 


REVENUE. 


[Div. VIII. 


dividual or corporation, and may do anything in regard thereto 
that it may deem necessary to make a just assessment; but no 
assessment shall be increased until the person or corporation to 
be affected shall have been notified, and given an opportunity to 
be heard, except as hereinafter provided; and before making any 
reduction in assessments of its own motion the board of review 
shall give notice to the board of assessors which certified the 
assessment, and give such assessors an opportunity to be heard 
thereon. All complaints of errors in assessments, real or per¬ 
sonal, shall be in writing, and shall be filed by the complain¬ 
ing party with said board of review, in duplicate, and the dupli¬ 
cate shall be forthwith filed by the board of review with the 
board of assessors certifying such assessment. Complaints re¬ 
lating to real estate shall be classified by towns by the clerk of 
said board of review, and complaints relating to personal prop¬ 
erty shall be classified in such manner as the board of review 
shall determine, by order for that purpose, duly entered of record; 
all classes of complaints to be docketed numerically, each in its 
own class, in the order in which they shall be presented, as near 
as may be, in books kept for that purpose, which books shall 
always be open to public inspection. Complaints relating to 
real estate shall be considered by towns, and complaints relat¬ 
ing to personal property shall be heard in their order by classes, 
in pursuance of the order of the board heretofore mentioned, until 
all complaints have been heard and passed upon by the board. 

In counties of 125,000 inhabitants, or over, in each year the 
assessment list of real estate, as made by the board of assessors, 
shall be prepared in triplicate, and the three complete lists shall 
be certified by the assessors to the board of review when the 
assessment required by law is completed by them. In revising 
assessments in any year the board of review shall note all changes 
it shall make in the valuations of real estate on all of said assess¬ 
ment lists, and shall duly make return of one complete list to the 
county clerk, as required by law, and one to the board of assessors 
and retain the other. On the books so retained it shall note all 
changes made by it in the valuation of property after that date, 
upon the hearings provided for in this Act. And in making its 
annual return each year to the county clerk, and to the assessor, 
as herein provided, it shall enter therein all such changes. 

In other counties the assessment list of real estate as made 
by the board of assessors or supervisor of assessments, shall be 
delivered, when complete, to the board of review and after the 
revision thereof has been completed by the board of review, and 
changes noted thereon, the same shall be duly returned to the 
county clerk, as required by law. 

After making its annual return of the revised assessment to 



Div. VIII.] BOARD OF REVIEW—POWERS OF. 


563 


the board of review, as required by law, the board of assessors in 
counties of 125,000 inhabitants, or over, shall have the power, in 
any year except the last year preceding each quadrennial as¬ 
sessment, to consider and correct the valuations of real property 
for the next succeeding annual assessment, in the same manner, 
upon complaints filed from time to time, and upon complaint 
filed shall proceed to do so; and such changes as it shall make 
in any such valuations shall be noted upon the assessment list 
remaining in its custody, and include the same in its annual re¬ 
turn to the county clerk and the board of review. All such 
changes to be reviewed by the board of review each year as in 
the cases of any assessments. 

For the purpose of hearing and determining complaints of 
errors in the valuation of real property for the next succeeding 
assessment thereof, and correcting the valuations of any such 
property as shall be just, after its annual return has been made, 
as herein provided, the board of review shall, on the first Tues¬ 
day of November and the first Tuesday of each month thereafter 
until and including the first Tuesday of March in each year 
(except the year last preceding the quadrennial assessment) and 
at such other times as it may be necessary, hold public sessions 
at its board rooms, and continue such sessions from day to day 
until all complaints and other business have been disposed of. 
Complaints passed or undisposed of at any session shall be first 
considered at the next succeeding monthly session, and passed 
complaints shall be disposed of at each session before later com¬ 
plaints shall be considered. Upon any hearing of a complaint, 
or on a proposal for any increase originating with said board, 
where notice is required as herein provided, the said board shall 
sit together, and hear the representations of the parties interested 
or their representatives, and no change shall be made in any 
assessment of real property unless at least a majority of said 
board shall concur therein; and in such case an order therefor 
shall be made in open session, and entered of record on the books 
of the board: Provided, that in counties of less than 125,000 
inhabitants monthly sessions of the board of review shall not 
be required. 

Third —Increase or reduce the entire assessment of either 
real or personal property, or both, or of any class included 
therein, if in their opinion the assessment has not been made 
upon the proper basis, or equalize the assessment of real or per¬ 
sonal property by increasing or reducing the amount thereof, in 
any township, or part thereof, or any portion of the county, as 
may, in their opinion, be just, but the assessment of any class of 
property, or of any township, or part thereof, or any portion of 




564 


[Div. VIII. 


REVENUE. 


the county shall not be increased until the board shall have noti¬ 
fied not less than fifty of the owners of property in such town¬ 
ship, or part thereof, or portion of the county of such proposed in¬ 
crease and given them, or any one representing them, or other 
citizens of said territory, an opportunity to be heard. The board of 
assessors shall have like notice of any proposed increase or re¬ 
duction, with an opportunity to be heard thereon, except where 
such action is taken in individual cases upon complaint. The 
board shall hear any person, upon request, in opposition to a pro¬ 
posed reduction in the assessment of any person, corporation or 
territory. 

Fourth —Hear and determine the application of any person 
who is assessed on property claimed to be exempt from taxation. 
If the board shall determine that any such property is not liable 
to taxation, and the question as to the liability of such property 
to taxation has not previously been judiciously determined, the 
decision of said board shall not be final unless approved by the 
auditor of public accounts; and it shall be the duty of the clerk 
of the board, in all such cases, under the direction of the board, 
to make out and forward to the auditor a full and complete state¬ 
ment of all the facts in the case. If the auditor is satisfied that 
such property is not legally liable to taxation, he shall notify 
the board of review of his approvel of its decision, and the 
board shall correct the assessment accordingly. But if the audi¬ 
tor is satisfied that such property is liable to taxation, he shall 
advise the board of his objection to its decision and give notice 
to said board that he will apply to the Supreme Court, specifying 
to what term thereof, for an order to set aside and annul the 
decision of the board of review. Upon receipt of such notice the 
clerk shall notify the person making the application aforesaid. 
It shall be the duty of the auditor to then file in the Supreme 
Court a certified statement of the facts certified by the clerk as 
aforesaid, together with his objections thereto, and the court shall 
hear and determine the matter as the right of the case may be. 
If the board of review shall decide that property so claimed to 
be exempt is liable to be taxed, and the party aggrieved at the 
time shall pray an appeal, a brief statement of the facts in the 
case shall be made by the clerk under the direction of the board, 
and transmitted to the auditor, who shall present the case to the 
Supreme Court in like manner as hereinbefore provided. In 
either case, the collection of the tax shall not be delayed thereby, 
but in case the property is decided to be exempt, the tax shall 
be abated and refunded. 

Fifth —They shall, at any time before judgment, if an error 
or mistake is discovered (other than errors of judgment as to 
the valuation of any real or personal property), in an assessment 




Div. VIII.] BOARD OF REVIEW—POWERS OF. 


565 


of any real or personal property belonging to any person or cor¬ 
poration, issue a certificate setting forth the nature of such er¬ 
ror, and the cause or causes which operated to produce such error 
or mistake to the person or corporation erroneously assessed, 
which said certificate, when properly endorsed by the board of 
assessors, showing their concurrence therein, and not otherwise, 
may be used in evidence in any court of competent jurisdiction, 
and when so introduced in evidence such certificate shall become 
a part of the court records, and shall not be removed from the 
files except upon the order of the court. 

The term “quadrennial assessment” as used in this Act shall 
be taken to mean the general assessment of real estate and im¬ 
provements required by law to be made once in four years. [As 
amended by Act approved May 18, 1905. In force July 1, 1905. 
Laws 1905, p. 360. 

336. Notices under this Act—How given.] § 36. All no¬ 
tices in this Act required to be given shall be written or printed 
notices and shall be served personally upon the persons entitled 
to notice, or their agents, or by sending such notice by mail to 
the person so entitled to notice, or to his agent, if the residence 
or business address of such person is known, or by reasonable 
effort can be ascertained. If the address of such person can not 
be ascertained, then the notice shall be sent to the address of the 
person who last paid the taxes upon the property in question. A 
failure to give any notice required by this Act shall not impair 
or affect the validity of any assessment as finally made. 

337. Board of review—When and how changes made upon 
assessment books.] § 37. Whenever the board of review shall 
decide to reverse or modify the action of the supervisor of as¬ 
sessments or board of assessors, or county assessor, or the as¬ 
sessment in any case, or to change the list as completed, or the 
assessment or description of any property in any manner, they 
shall cause the changes to be made at once and entered upon 
the assessment books. 

338. —Form of affidavit to be attached to each of the assess¬ 
ment books.] § 38. The board of review shall, on or before the 
7th day of September annually, complete its work and make or 
cause to be made the entries in the assessment books required 
to make the assessment conform to the changes made therein by 
the board of review, and shall attach to each of said books an 
affidavit signed by at least two members of such board, which 
affidavit shall be substantially in the following form: 

We, and each of us, as a member of the Board of Review of the assess¬ 
ment of the county of -, in the State of Illinois, do solemnly swear 

that the books -, in number-, to which this affidavit is attached, 






566 


REVENUE. 


[Div. VIII. 


contain a full and complete list of all the real and personal property in said 

county subject to taxation for the year -, so far as we have been able 

to ascertain the same, and that the assessed value set down in the proper 
column opposite the several kinds and descriptions of property is, in our 
opinion, a just and equal assessment of such property for purposes of taxa¬ 
tion according to law, and that the footings of the several columns in said 
book are correct, as we verily believe. 

Dated -. 

Provided, that in counties containing one hundred and twenty- 
five thousand or more inhabitants the board of review shall also 
meet from time to time and whenever necessary to consider and 
act upon complaints and to further revise the assessments of real 
property as may be just and necessary. [As amended by Act 
approved May 18, 1907. In force July 1, 1907. Laws 1907, 
p. 496. 

339. Rules and regulations.] § 39. The board of assessors 
and the board of review shall make and publish reasonable and 
proper rules for the guidance of persons doing business with 
such board and for the orderly dispatch of business. 

340. Failure to complete assessment in time not to 
vitiate.] §40. A failure to complete an assessment in the time 
required by law shall not vitiate such assessment, but the same 
shall be as legal and valid as if completed in the time required 
by law. 

341. Board of review—Meeting.] §41. The township 
supervisors, township assessors and township clerks who have 
heretofore acted as the town boards of review in their re¬ 
spective townships and the county boards shall not here¬ 
after have the power as such board of review to assess, equalize, 
review or revise the assessment of property. The boards of re¬ 
view herein provided for shall meet as soon after the taking 
effect of this Act as shall be practicable, not later than the third 
Monday in June, and shall thereupon at once enter upon the 
discharge of their duties. [As amended by Act approved May 
18, 1907. In force July 1, 1907. Laws of 1907, p. 496. 

342. Board of review may examine assessor as to how as¬ 
sessment was made.] § 42. It shall be lawful for the board of 
review to summon any assessor or any deputy or other person to 
appear before them respectively to be inquired of under oath with 
respect to the method by which he or they has or have ascer¬ 
tained and fixed any valuation or valuations returned by him 
or them, and as to the correctness of any such valuation or valu¬ 
ations, and to administer and examine under oath the assessor or 
other person so summoned before them, and any assessor or per¬ 
son so summoned who shall fail, without good cause, to appear 
or appearing shall refuse to submit to such inquiry or answer 





Div. VIII.] BOARD OF REVIEW—POWERS OF. 


567 


such questions as may be propounded to him by said board, or 
any member thereof, or any attorney representing them, shall be 
guilty of a misdemeanor, and on conviction thereof shall be fined 
in any sum not exceeding five hundred dollars. 

343. Delivery of books containing assessments.] §43. 
When the books are so completed the board of review shall de¬ 
liver one set of the books containing the assessment of real 
property and the books containing the assessment of personal 
property to the county clerk, who shall file the same in his office; 
one set of the books containing the assessment of real property 
shall be returned to the board of assessors, or supervisors of 
assessments; and when triplicate sets of books are required by 
this Act, the remaining set of books containing such assessment 
shall remain in the office of the board of review. All such books 
shall be public records and open to the inspection of all persons. 
The assessment so completed by the board of review and certified 
to the county clerk and as equalized as provided by law, shall be 
the assessment upon which the taxes of that year shall be ex¬ 
tended by the county clerk. [As amended by Act approved May 
18, 1905. In force July 1, 1905. Laws 1905, p. 360. 

344. Conniving at any evasion of this Act—Penalty.] 
§ 44. Any assessor, or deputy assessor, or member of the board 
of review of assessments, or board of equalization, or other 
person whose duty it is to assess property for taxation or equalize 
any such assessment, who shall refuse or willfully neglect any duty 
required of him by law, or who shall consent to or connive at any 
evasion of the provisions of this Act whereby any property re¬ 
quired to be assessed shall be unlawfully exempt in whole or in 
part, or the valuation thereof be set down at more or less than 
is required by law, shall, upon conviction, be fined for each of¬ 
fense not less than one hundred dollars ($100) nor more than 
five thousand dollars ($5,000), or imprisoned in the county jail 
not exceeding one year, or both imprisoned and fined at the dis¬ 
cretion of the court; he shall also be liable upon his bond to the 
party injured for all damages sustained by such party as above 
provided, and shall also be removed from office by the judge of 
the court before whom he is tried and convicted. 

345. Delivering false or fraudulent lists to assessor—Pen¬ 
alty.] § 45. Whoever, with intent to defeat or evade the law in 
relation to the assessment of property, delivers or discloses to 
any assessor or deputy assessor a false or fraudulent list, return 
or schedule of his property not exempted by law from taxation, 
shall be punished by fine not exceeding, five thousand, dollars 
($5,000) or imprisonment in the county jail not exceeding one 
year, or both, in the discretion of the court. 





568 


REVENUE. 


[DiV. VIII. 


346. Duty of State’s attorney to prosecute violators—Fees 
—Payment of salary of county assessor, etc.] § 46. It is hereby 
made the duty of the State’s attorney of each county to prose¬ 
cute all violators of this Act, and they shall receive as fees the 
sum of twenty dollars ($20) for each conviction, to be taxed as 
costs, and ten per cent of all fines collected. The residue of all 
fines collected under this Act shall be paid into the county treas¬ 
ury for the use of the county. The salary of the county as¬ 
sessor, supervisor of assessments, and members of the board 
of assessors and board of review shall all be paid out of the county 
treasury on bills duly certified and approved by the county 
board. 

347. Abstract of the assessment to be sent to auditor.] 

§ 47. The county clerk shall annually, on or before the tenth 
day of September, make out and transmit to the auditor the ab¬ 
stract of the assessment of property required of the county clerk 
in section ninety-eight (98) of the Act entitled, “An Act for the 
assessment of property and for the levy and collection of taxes,” 
approved March 30, 1872, as amended. 

348. County collector—Duplicate delinquent lists—When 
to be made and where to be filed.] § 48. The county collector 
shall annually make out in duplicate the statement required by 
law, setting forth in detail the names of persons charged with 
personal property tax which is uncollected, and the reasons pre¬ 
venting such collection; and shall, also, at the same time, make 
out in duplicate a statement setting forth in detail the amount of 
taxes on real property which is uncollected, the names of the 
persons jn whose name such property was listed, and the rea¬ 
sons preventing the collection of such taxes. He shall, also, at 
the same time, make out in duplicate a statement of all taxes 
collected during the year which had been returned as delinquent 
in any previous year, together with a description of the property 
upon which such taxes were levied. He shall file one of each of 
such duplicate statements with the county clerk and in coun¬ 
ties of this State containing 125,000 or more inhabitants such 
collector shall file one of each of such duplicate statements with 
the county clerk and the other with the city comptroller if there 
shall be any such officer in any of the cities within such counties. 

349. County clerk to estimate and determine rate per cent 
—how to be determined.] § 49. The county clerk shall estimate 
and determine the rate per cent upon the proper valuation of the 
property in the respective towns, townships, districts and incor¬ 
porated cities, towns and villages in their counties that will pro¬ 
duce, within the proper divisions of such counties, not less than 




Div. VIII.] LEVY AND EXTENSION OF TAXES. 


569 


the net amount of the several sums that shall be required by the 
county board or certified to them according to law. 

In counlies containing one hundred and twenty-five thousand 
(125,000) or more inhabitants the amount to which any county, 
city, township, school district or other municipal corporation 
shall be allowed to become indebted in any manner or for any pur¬ 
pose, shall not hereafter exceed two and one-half per cent on the as¬ 
sessed value of the taxable property therein, to be ascertained 
by the last assessment for State and county taxes previous to the 
incurring of such indebtedness. In any municipality or taxing 
district in any county or counties containing a population of 125,- 
000 or more inhabitants in which the aggregate of the levies or 
taxes certified to the county clerk exceeds five per cent a reduc¬ 
tion shall be made by the county clerk in the taxes so certified, 
so as to reduce the aggregate of such taxes to five per cent in 
the manner following, viz.: 

The rate of county taxes throughout the county shall be 
fixed by reducing the aggregate rate of taxation in the munici¬ 
pality or taxing district within the county in which such aggre¬ 
gate rate is the highest to five per cent by a pro rata reduction 
of all the levies certified therein, exclusive of the State taxes. The 
rate of each of the other kinds of tax levies shall be fixed in the' 
same manner, taking the highest rate of taxation in any part of 
the municipality or other taxing district, or part thereof, as the 
basis of ascertaining the rate of 'taxation to be levied by such 
municipality or taxing district, and making the rate of taxation 
within the limits thereof uniform, and reducing the aggregate 
rate of taxation in each district in which it exceeds five per cent 
to five per cent. 

In ascertaining the aggregate rate of taxation, and reducing 
the same under the foregoing provision, taxes certified or levied 
for school building purposes shall not be included or taken into 
account in any manner, or for any purpose. The limitations 
herein contained shall apply only to assessments of property made 
under the provisions of this Act. 

CONCERNING THE LEVY AND EXTENSION OF TAXES. 

AN ACT concerning the levy of and extension of taxes. [Approved May 

9, 1901. In force July 1, 1901. Laws 1901, p. 272.] 

350. Amount of tax authorized to be levied.] § 1. Be it 

enacted by the People of the State of Illinois, represented in the 
General Assembly: That in determining the amount of the maxi¬ 
mum tax authorized to be levied by any statute of this State the 
assessed valuation of the current year of the property in each. 



570 


REVENUE. 


[Div. VIII. 


taxing district, as equalized by the State board of equalization, shall 
be used. And if the amount of any tax certified to the county clerk 
for extension shall exceed the maximum allowed by law, determined 
as above provided, such excess shall be disregarded, and the residue 
only treated as the amount certified for extension. 

351. Levy and extension of taxes.] § 2. The county clerk 
in each county shall ascertain the rates per cent required to be ex¬ 
tended upon the assessed valuation of the taxable property in the 
respective towns, townships, districts, incorporated cities and villages 
in his county, as equalized by the State Board of Equalization for 
the current year, to produce the several amounts certified for exten¬ 
sion by the taxing authorities in said county (as the same shall have 
been reduced as hereinbefore provided in all cases where the original 
amounts exceed the amount authorized by law) : Provided, how¬ 
ever, that if the aggregate of all the taxes (exclusive of State taxes, 
village taxes, levee taxes, school building taxes, high school taxes, 
district school taxes and all other school taxes in school districts hav¬ 
ing not more than 100,000 inhabitants, road and bridge taxes, and 
for a period of three (3) years beginning with the year 1913 taxes 
levied for the payment of the principal of and the interest on bonded 
indebtedness of cities, and exclusive of taxes levied pursuant to the 
mandate or judgment of any court of record on any bonded indebt¬ 
edness), certified to be extended against any property in any part of 
any taxing district or municipality, shall exceed three per cent of the 
assessed valuation thereof upon which the taxes are required to be 
extended, the rate per cent of the tax levy of such taxing district 
or municipality shall be reduced as follows: The county clerk shall 
reduce the rate per cent of the tax levy of such taxing district or 
municipality in the same proportion in which it would be necessary 
to reduce the highest aggregate per cent of all the tax levies (ex¬ 
clusive of State taxes, village taxes, levee taxes, school building 
taxes, high school taxes, district school taxes and all other school 
taxes in school districts having not more than 100,000 inhabitants, 
road and bridge taxes, and for a period of three (3) years beginning 
with the year 1913 taxes levied for the payment of the principal of 
and the interest on bonded indebtedness of cities, and exclusive of 
taxes levied pursuant to the mandate or judgment of any court of 
record on any bonded indebtedness), certified for extension upon 
any of the taxable property in said taxing district or municipality, to 
bring the same down to three per cent of the assessed value of said 
taxable property upon which said taxes are required by law to be ex¬ 
tended : Provided, further, that in reducing tax levies hereunder the 
rate per cent of the tax levy for county purposes in counties having a 
population of over 300,000 shall not be reduced below a rate of forty 



Div. VIII.] 


LEVY AND EXTENSION OF TAXES. 


571 


cents on each one hundred dollars assessed value, and in counties 
having a population of less than 300,000 the rate of the tax levy for 
county purposes shall not be reduced below a rate of forty-five cents 
on each one hundred dollars assessed value, and the rate per cent cf 
the tax levy for city or village purposes (exclusive of library, school 
and park purposes and for a period of three (3) years beginning 
with the year 1913 exclusive of the taxes levied for the payment of 
the principal of and the interest on bonded indebtedness) in cities 
and villages having a population of over 150,000 shall not be re¬ 
duced below a rate of one dollar and ten cents on each one hundred 
dollars assessed value, and the rate per cent of the school tax for 
educational purposes shall not be reduced below a rate of one dollar 
and five cents on each one hundred dollars assessed value, and the 
rate per cent of the tax levy for city or village purposes (exclusive 
of library, school and park purposes, and exclusive of the taxes 
levied for the payment of the principal of and the interest on bonded 
indebtedness) in cities and villages having a population of less than 
150,000 shall not be reduced below a rate of one dollar and twenty 
cents on each one hundred dollars assessed value, and the rate per 
cent of the school tax levy fcr educational purposes shall not be re-' 
duced below a rate of one dollar and fifty cents on each one hundred 
dollars assessed value, but the other taxes which are subject to re¬ 
duction under this section shall be subject only to such reduction 
respectively, as would be made therein under this section if this 
proviso were not inserted herein: And, provided, further, in reduc¬ 
ing tax levies hereunder all school taxes levied in cities exceeding 
150,000 inhabitants, with the exception of the levy for school build¬ 
ing purposes, shall be included in the taxes to be reduced. 

The rate per cent of the tax levy of every county, city, village, 
town, township, park district, sanitary district, road district, and 
other public authorities (except the State), shall be ascertained and 
determined (and reduced when necessary as above provided), in the 
manner hereinbefore specified, and shall then be extended by the 
county clerk upon the assessed value of the property subject there¬ 
to (being one-third of the full value thereof) as equalized according 
to law. In reducing the rate per cent of any tax levy, as hereinbe¬ 
fore provided, the rates per cent of all tax levies certified to the 
county clerk for extension as originally ascertained and determined 
under section one of this Act, shall be used in ascertaining the aggre¬ 
gate of all taxes certified to be extended without regard to any re¬ 
ductions made therein under this section: Provided, that no re¬ 
duction of any tax levy made hereunder shall diminish any 
amount appropriated by corporate or taxing authorities for the 
payment of the principal or interest on bonded debt, or levied 
pursuant to the mandate or judgment of any court of 



572 


REVENUE. 


[Div. VIII. 


record. And to that end every such taxing body shall certify 
to the county clerk with its tax levy, the amount thereof re¬ 
quired for any such purposes. 

In case of a reduction hereunder any taxing body whose levy 
is affected thereby and whose appropriations are required by law 
to be itemized, may, after the same have been ascertained, dis¬ 
tribute the amount of such reduction among the items of its ap¬ 
propriations, with the exceptions aforesaid, as it may elect. If 
no such election be made within three months after the extension 
of such tax, all such items, except as above specified, shall be 
deemed to be reduced pro rata. [As amended by Act approved 
May 20, 1913. In force July 1, 1913. Laws 1913, p. 519. 

352. The State board of equalization—Time of meeting.] 
.§ 50. The State Board of Equalization shall hereafter assemble 
annually on the first Tuesday after the tenth day of August. 
The sessions of the board may be adjourned from day to day 
as may be necessary: Provided, that the final adjournment of 
said board shall be on or before the first day in November and 
that no per diem compensation shall be paid any member of said 
board for services rendered after the date fixed for the final ad¬ 
journment. [As amended by Act approved May 18, 1907. In 
force July 1, 1907. Laws 1907, p. 495. 

353. The State board of equalization may raise or lower 
total assessed value.] § 51. The State board of equalization may 
so lower or raise the total assessed value of property in any 
county as returned by the county clerk as shall make the prop¬ 
erty in such county bear a just relation to the assessed value of 
property in other counties of the state: Provided , that the total 
amount of such decrease or increase shall not exceed ten (10) 
per cent of the total assessed value of all property in the state 
as returned for purposes of taxation. 

354. When books for the collection of taxes to be delivered 
to collector.] § 52. The county clerk shall hereafter deliver to 
the town, district or county collectors the books for the collec¬ 
tion of taxes on the second day of January following the year 
on which such taxes are levied. [As amended by Act approved 
May 13, 1907. In force July 1, 1907. Laws 1907, p. 500. 

355. A number of dates for the performance of Acts under 
the general revenue law changed.] § 53. All lists, schedules, re¬ 
turns and statements heretofore required by law to be made be¬ 
tween the first day of May and the first day of July by the as¬ 
sessors or by the owner of property, or person required to list 
the same, shall hereafter be made between the first day of 
April and the first day of June of each year. 



Div. VIII.] 


DATES TO ACCORD WITH THIS ACT. 


573 


The owner of personal property removing from one county, 
town, city, village or district to another between the first day of 
April and the first day of June shall be assessed in either in which 
he is first called upon by the assessor. The owner of per¬ 
sonal property moving into this State from another State be¬ 
tween the first day of April and the first day of June shall list the 
property owned by him on the first day of April in such year 
in the county, town, city, village or district in which he resides. 
Provided, if such person has been and can make it appear to the 
assessor that he is held for tax of the current year on the prop¬ 
erty in another state, county, town, city, village or district he 
shall not be again assessed for said year. 

All dates and times for the doing or performing of any act 
or thing which prior to the taking effect of this Act were fixed 
by law with reference to the assessment of taxes between the 
first day of May and the first day of July, or the state board of 
equalization meeting, on the second Tuesday of August, or the 
collectors’ warrants being returned to the collectors on the 20th 
day of December are respectively changed so that such acts or 
things shall be done or performed in the manner required by law 
with reference to the respective dates fixed by this Act for the 
assessment of taxes, meeting of the State Board of Equalization, 
or the delivery of the collector’s warrants to the collector. 

Taxes upon real property with penalties, interest and costs, 
that shall accrue thereon, shall be a prior and first lien on such 
real property from and including the first day of April in the 
vear in which the taxes are levied instead, of the first day of 
May as heretofore with all the rights and incidents relating to 
such lien, which now are or hereafter may be provided by law: 
Provided nothing in this section contained shall change or affect 
anv rights or liabilities under any contract entered into before the 

taking effect of this Act. . , . . „ . , 

The abstracts which the auditor prior to the taking effect of 
this Act was reauired by law to obtain on the first day of May 
from the United States land office in this state of lands entered 
and located, and from the Illinois Central. railroad and canal 
offices of lands sold shall hereafter be obtained by him on the 
first day of April in each year, or as soon thereafter as prac¬ 
ticable. and the annual reports heretofore required by law to 
be made by the county clerk to the auditor of swamp and over¬ 
flowed lands sold for the year ending on the first day of May 
shall hereafter be made for the year ending on the first day of 
April. 

356. Board of assessors—Duties and powers of—Penalties-! 

§ 54. The board of assessors shall perform the duties and have 



574 


REVENUE. 


[Div. VIII. 


the powers in relation to the assessment of property imposed 
upon or possessed by county or township assessors by law, and 
where the term assessors is used in this act it shall apply to 
such board of assessors and the members thereof, except in so fai 
and in such cases as it is inconsistent with special provisions of 
this Act in regard to the board of assessors and the members 
thereof, and the members of such board of assessors shall be sub¬ 
ject to all the liabilities and penalties imposed upon assessors by 
this Act. 

357. Provisions of the general revenue Act applicable— 
To remain in force.] § 55. All of the provisions of the general 
revenue law in force prior to the taking effect of this Act shall 
remain in force and be applicable to the assessment of property 
and collection of taxes except in so far as by this Act is other¬ 
wise expressly provided. 

358. Majority of board may act.] § 56. Wherever, in this 
Act, the board of assessors or the board of review is authorized 
to act, such action may be taken by a majority of said respective 
boards. 

359. In counties of 125,000 or over—Power of township 
assessor.] § 57. In counties of one hundred and twenty-five 
thousand inhabitants or over the township assessors shall not 
have the power or duty of assessing property, except as other¬ 
wise provided in this Act, but shall perform all other duties im¬ 
posed upon them by law. 

360. Provision in case any county shall hereafter come 
under the provisions of this Act.] § 58. In case any county not 
now coming under the provisions of this Act shall hereafter con¬ 
tain within its limits one hundred and twenty-five thousand or 
more inhabitants, as determineod by the last school or federal 
census, such county shall at once come under the provisions of 
this Act relating to counties of such population, and at the regu¬ 
lar county election ensuing next after such contingency occurs, 
a board of five assessors and a board of review shall be elected, 
and all the provisions of this Act shall then immediately apply 
to such county. 

361. Repeal.] § 59. An Act entitled “An Act to provide 
for the election of assessors in townships containing not less 
than forty thousand inhabitants in counties under township or¬ 
ganization and fixing the compensation of such assessors,” ap¬ 
proved June 19, 1893, and in force July 1, 1893, and as amended, 
be, and the same is hereby repealed. 



Div. VIII.] AGRICULTURAL AND OTHER STATISTICS. 575 


AGRICULTURAL AND OTHER STATISTICS. 

AN ACT to secure the collection and publication of agricultural and other 

statistics. [Approved and in force May 25, 1877. Laws 1877, p. 3.] 

362. Blanks and schedules. 

363. Assessors to collect and return statistics. 

364. Owners to fill schedules—Duty of assessors. 

365. Returns—How made. 

366. Emergency. 

362. Blanks and schedules.] § 1. That it shall be the duty 
of the secretary of the state board of agriculture to prepare and 
deliver to the auditor on or before the first day of April in each 
year, forms of blanks and schedules similar to those used in the 
assessment and return of property, one or more copies of which 
forms the state auditor shall send by mail to the county clerks of 
the several counties on or before the date aforesaid for their in¬ 
formation and guidance. 

363. Assessors to collect and return statistics.] §2. It 
shall be the duty of the county clerk of each of the several coun¬ 
ties to provide schedules and blanks according to the forms pro¬ 
vided by the auditor for the use of assessors, and it shall be the 
duty of assessors and deputy assessors in the same manner, and 
at the same time as is or may be provided by law for the assess^ 
ment of property, to cause such census schedules to be filled by 
all persons within their respective assessment districts in pos¬ 
session of property concerning which information is required by 
this Act. Such schedule shall truly and distinctly set forth the 
number of acres he, she or they may have had the preceding 
year in fall wheat, spring wheat, corn, rye, oats, barley, buck¬ 
wheat, castor beans, beans, peas, Irish potatoes, sweet potatoes, 
turnips and other root crops, and the number of bushels of each 
produced the preceding year; the number of acres in timothy 
grass, and the number of tons of hay and bushels of seed pro¬ 
duced therefrom the preceding year; the number of acres in clo¬ 
ver, and the number of tons of hay and the bushels of seed pro¬ 
duced therefrom the preceding year; the number of acres planted 
in cotton, and the number of pounds of lint and the bushels of 
seed obtained therefrom the preceding year; the number of acres 
sown in flax, the number of pounds of fibre and the bushels of 
seed obtained therefrom the preceding year; the number of acres 
planted in tobacco, and the number of pounds produced 
therefrom the preceding year. And the secretary of the State 
Board of Agriculture shall have power, after the first year, to 
add to or omit from the foregoing schedule such items as the 
said State Board of Agriculture shall designate. 

364. Owners to fill schedule—Duty of assessors.] § 3. It 



576 


REVENUE. 


[Div. VIII. 


shall be the duty of all persons owning or in possession of prop¬ 
erty concerning which information is required by this Act, to 
make out and deliver to the assessor at the time fixed for the 
listing of property for taxation a schedule as aforesaid properly 
and correctly filled, and it shall be the duty of said assessors or 
deputy assessors to properly fill and add up the blanks and 
schedules aforesaid and to return the same correctly footed up, 
to the county clerk at the same time and in the same manner as 
is now or may be required for the return of assessments. 

365. Returns—How made.] § 4. It shall be the duty of the 
county clerk to revise, correct, tabulate and foot up the statistical 
returns made to him by the assessors or deputy assessors of 
organized townships in counties under township organization, 
and of congressional townships in counties not under township 
organization, and to transmit to the State Auditor with his re¬ 
turn of the assessment of the county an abstract of the agricul¬ 
tural statistics of the county in the form required by the schedule 
and blanks furnished by the auditor; and it shall be the duty of 
the auditor to transfer without delay such abstracts to the secretary 
of the State Board of Agriculture, who shall revise, correct, and 
compile the same, and publish the results in the annual report of the 
transactions of the State Board of Agriculture for the year or years 
in which the statistics were collected. 

366. Emergency.] § 5. It is hereby declared that an 
emergency exists, and therefore this Act shall be in force from 
and after its passage. 

ASSESSMENT AND TAXATION OF BRIDGES ACROSS NAVIG¬ 
ABLE WATERS ON THE BORDERS OF THIS STATE. 

AN ACT to provide for the assessment and taxation of bridges across navig¬ 
able waters on the borders of this State. [Approved and in force May 

1, 1873.] 

367. Bridges on border of State— How assessed. 

368. Sale of bridge, etc., for tax. 

369. Repeal. 

370. Emergency. 

367. Bridges on border of State—How assessed.] §1. That 
all bridge structures across any navigable streams forming the 
boundary line between the State of Illinois and any other State, 
shall be assessed by the township or other assessor in the county 
or township where the same is located, as real estate; and all pro¬ 
visions of law relating to the assessment and taxation of real 
estate, shall apply to the assessment and taxation of such bridges. 
Such assessor shall give in his description the quarter section, 
section, township and range in which such bridge is located or 



Div. VIII.] REVENUE FOR STATE PURPOSES. 


577 


terminates in this State, together with the metes and bounds of 
the ground occupied by such bridges, and the approaches thereto 
from the end on the Illinois shore to the center of the main chan¬ 
nel of the stream crossed by the same. For the purpose of ob¬ 
taining such description the assessor may employ a competent 
surveyor, and the expense of making such survey and description 
shall be charged as a tax against such property by the county 
clerk, on the certificate of the surveyor: Provided, that one sur¬ 
vey of any bridge and approaches, made under this Act, shall 
be deemed sufficient for the purpose of subsequent assessment of 
such bridge or approaches. 

368. Sale of bridge, etc., for tax.] § 2. In default of pay¬ 
ment of any such tax assessed against any such bridge company, 
as aforesaid, such bridge structures, and approaches thereto, so 
far as the same are located within this state, together with the 
land on which the same is located, as described by the assessor, 
and the franchise belonging thereto, shall be sold for such tax at 
the same time and in the same manner as other real estate shall 
be sold in such county for delinquent tax; and any county, city, 
town, school district, or other municipal corporation, interested in 
the collection of the tax levied upon such bridge, may become the 
purchaser at such sale, or at any sale of such property under judg¬ 
ment recovered upon, or to enforce the collection of such tax; and 
if the property so sold is not redeemed, may acquire, hold, sell 
and dispose of the title thereto. [As amended by Act approved 
May 3, 1877. In force July 1, 1877. Laws 1877, p. 171. 

369. Repeal.] § 3. All Acts and parts of Acts inconsistent 
with this Act are hereby repealed. 

370. Emergency.] § 4. Whereas , by existing law such 
bridge structures cannot be sold for delinquent taxes, so as to 
convey a good title thereto, wherefore an emergency exists why 
this Act should take effect immediately; therefore, this Act shall 
take effect and be in force from and after its passage. 

FOR STATE PURPOSES. 

AN ACT to provide for the necessary revenue for State purposes. [Ap¬ 
proved June 27,1913. In force July 1, 1913. Laws 1913, p. 512.] 

371. Revenue Fund for General State Purposes and for State School 

Purposes. 

372. Officers to compute rates per cent required—Auditor to certify— 

Repeal. 

371. Revenue fund for general State purposes and for State 
school purposes.] § 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That there shall 
be raised, by levying a tax by valuation upon the assessed taxa- 



578 


REVENUE. 


[Div. VIII. 


ble property of the State, the following- sums for the purposes 
hereinafter set forth: 

For general State purposes, to be designated “revenue fund,” 
the sum of ten million, six hundred thousand dollars ($10,600,000) 
upon the assessed value of the property for the year A. D. 1913; 
ten million, six hundred thousand dollars ($10,600,000) upon the 
assessed value of property for the year A. D. 1914; and for State 
school purposes, to be designated “State school fund,” the sum 
of three million dollars ($3,000,000) upon the assessed taxable 
property for the year A. D. 1913, and the sum of three million 
dollars ($3,000,000) upon the assessed taxable property for the 
year A. D. 1914, in lieu of the two mill tax. 

372. Officers to compute rates per cent required—Auditor to 
certify—Repeal.] § 2. The Governor, the Auditor and Treasurer 
shall annually compute the several rates per cent, required to 
produce not less than the above amounts, anything in any other 
Act providing a different manner of ascertaining the amount of 
revenue required to be levied for State purposes to the contrary 
notwithstanding; and when so ascertained, the Auditor shall cer¬ 
tify to the county clerk the proper rates per cent, therefor, and 
also such definite rates for other purposes as are now or may 
hereafter be provided by law, to be levied and collected as State 
taxes, and all other laws and parts of laws in conflict with this 
Act are hereby repealed. 

VALIDATING ACTS OF COUNTY BOARD HERETOFORE DONE IN 
DETERMINING AMOUNT OF TAXES TO BE RAISED 
FOR COUNTY PURPOSES. 

AN ACT to make legal and valid the Acts of the county hoard heretofore 
done by determining the amounts of all taxes to be raised for county 
purposes in their respective counties, and to make legal and valid the 
levy of taxes for county purposes thereunder. [Approved and in force 
February 28, 1905. (1)]. 

373. Validating Acts of county board heretofore done in determining 

amount of taxes to be raised for county purposes. 

374. Emergency. 

373. Validating Acts of county board, heretofore done in 
determining amount of taxes to be raised for county purposes.] 

§ 1. Be it enacted by the People of the State, of Illinois repre¬ 
sented in the General Assembly: That when the county board 
of any county heretofore in determining the amounts of all 
taxes to be raised for county purposes in any year, has at its 
September session in such year determined said amounts by 
naming a fixed and definite sum to be so raised without naming the 
particular or specific purposes for which said taxes, when col¬ 
lected, shall be appropriated, expended or raised, and when any 
county board heretofore in determining the amounts of all taxes 


(1) Chicago and Eastern Ill. R. R. Co. v. People, 219 Ill., p. 408. 




Div. VIII.] 


GIFTS, LEGACIES AND INHERITANCES. 


579 


to be raised for county purposes in any year, has at its September 
session in such year declared or provided that a certain number 
of cents on each one hundred dollars of valuation of property shall 
be raised for county purposes, not exceeding seventy-five cents on 
each one hundred dollars of such valuation and without naming 
the particular or specific purposes for which said taxes when col¬ 
lected shall be appropriated, expended or raised, and when any 
county board heretofore in determining the amounts of all taxes to 
be raised for county purposes in any year, has at its September ses¬ 
sion in such year declared or provided that a certain number of 
cents on each one hundred dollars of valuation of property shall 
be raised for county purposes not exceeding seventy-five cents on 
the one hundred dollars of such valuation of property and has 
named the particular or specific purposes for which such 
taxes when collected shall be appropriated, expended or raised, 
such determination and the taxes assessed, levied or extended, 
shall be and are hereby declared to be legal and valid, anything 
in any law of this State to the contrary notwithstanding. 

374. Emergency.] § 2. Whereas, An emergency exists, 
therefore this Act shall take effect and be in force from and after 
its passage. 


GIFTS, LEGACIES AND INHERITANCES. 

AN ACT to tax gifts, legacies, inheritances, transfers, appointments and 
interests in certain cases, and to provide for the collection of the same, 
and repealing certain Acts therein named. [Approved June 14, 1909. 
In force July 1, 1909. Laws 1909, p. 311.] 

375. What property is subject to this Act—Rates of taxation prescribed 

exemptions. 

376. Appraisement of life interest. Accrued tax a lien on entire prop¬ 

erty—Bond for deferred payment. 

377. Interest on deferred payment of tax assessed—Bond of executors 

and others. 

378. Duties of executors and administrators 

379. Liability of executors and others. 

380. Payment of tax—how made by executors and others—Receipt of 

State treasurer. 

381. Executor and others to give information to county treasurer. 

382. Refunding tax retained by executor and others. 

383. Foreign executor transferring stocks—Notice to treasurer and 

attorney general—Liability of custodians 

384. Refunding excess of tax by State treasurer. 

385. Appraisement of property—how made. 

386. Fees of county clerks—Inheritance tax attorney—appointment 

authorized—salary—Fees generally. 

387. Appraiser—penalty for receiving fee or reward. 

388. Jurisdiction of county court over property of new resident decedent. 

389. Failure to pay tax—Proceedings in county court. 

390. State’s attorney to enforce payment—Fees allowed. 




580 


REVENUE. 


[Div. VIII. 


391. County judge and county clerk—quarterly statements to county 

treasurer. 

392. Allowance of expenses by State treasurer. 

393. State treasurer shall furnish book to county judge. 

394. Payment by county to State treasurer—receipt—report to 

auditor semi-annually. 

395. Fees of county treasurer. 

396. Receipt from county treasurer—sealing and recording same. 

397. Liability to taxation—how determined—appeal to supreme court. 

398. Continuation of lien—limitation. 

399. Highest rate in certain cases—return of tax wrongfully imposed— 

other provisions. ' 

400. Compounding of claims—powers of State treasurer and attorney 

general. 

401. Guardian for infant. 

402. Bequests to hospitals, churches and other organizations exempted. 

403. Transfer defined. 

404. Certified copies of papers to be furnished—fees for same. 

405. Repeal. 


375. What property is subject to this Act.—Rates of taxa¬ 
tion prescribed—Exemptions.] § 1. Be it enacted by the People 

of the State of Illinois, represented in the General Assembly: A 
tax shall be and is hereby imposed upon the transfer of any prop¬ 
erty, real, personal or mixed, or of any interest therein or income 
therefrom, in trust or otherwise, to persons, institutions or cor¬ 
porations, not hereinafter exempted, in the following cases: 

1. When the transfer is by will or by the intestate laws of 
this State, from any person dying seized or possessed of the prop¬ 
erty while a resident of the State'. 

2. When the transfer is by will or intestate laws of property 
within the State and the decedent was a non-resident of the State 
at the time of his death. 

3. When the transfer is of property made by a resident, or 
by a non-resident when such non-resident’s property is within this 
State, by deed, grant, bargain, sale or gift, made in contempla¬ 
tion of the death of the grantor, vendor or donor, or intended to 
take effect in possession or enjoyment at or after such death. 
When any such person, institution or corporation becomes bene¬ 
ficially entitled in possession or expectancy to any property 
or the income therefrom, by any such transfer, whether made 
before or after the passage of this Act. 

4. Whenever any person, institution or corporation shall ex¬ 
ercise a power of appointment derived from any disposition of 
property made either before or after the passage of this Act, 
such appointment, when made, shall be deemed a taxable transfer 
under the provisions of this Act, in the same manner as though 
the property to which such appointment relates belonged abso¬ 
lutely to the donee of such power and had been bequeathed or 




Div. VIII.] 


GIFTS, LEGACIES AND INHERITANCES. 


581 


devised by such donee by will; and whenever any person or cor¬ 
poration possessing such a power of appointment so derived shall 
omit or fail to exercise the same within the time provided there¬ 
for, in whole or in part, a transfer taxable under the provisions 
of this Act shall be deemed to take place to the extent of such 
omission or failure, in the same manner as though the persons or 
corporations thereby becoming entitled to the possession or en¬ 
joyment of the property to which such power related had suc¬ 
ceeded thereto by a will of the donee of the power failing to 
exercise such power, taking effect at the time of such omission 
or failure. 

When the beneficial interests to any property or income 
therefrom shall pass to or for the use of any father, mother, hus¬ 
band, wife, child, brother, sister, wife or widow of the son, or 
the husband of the daughter, or any child or children adopted as 
such in conformity with the laws of the State of Illinois, or to 
any person to whom the deceased, for not less than ten years 
prior to death, stood in the acknowledged relation of a parent: 
Provided, however, such relationship began at or before said per¬ 
son’s fifteenth birthday and was continuous for said ten years 
thereafter: And, provided, also, that the parents of such person, 
so standing in such relation shall be deceased when such rela¬ 
tionship commenced, or to any lineal descendant of such decedent 
born in lawful wedlock. In every such case the rate of tax shall 
be two dollars on every one hundred dollars of the clear market 
value of such property received by each person, when the amount 
so received exceeds in amount the sum of one hundred thousand 
dollars, and one dollar on each one hundred dollars of the clear 
market value of such property received by each person when 
the amount so received is one hundred thousand dollars or less; 
and at and after the same rates, respectively, for every less 
amount: Provided, that any gift, legacy, inheritance, transfer, ap¬ 
pointment or interest which may be valued at a less sum than 
twenty thousand dollars shall not be subject to any such duty or 
taxes, and the tax is to be levied in the above cases only upon the 
excess of twenty thousand dollars received by each person. When 
the beneficial interest to any property or income therefrom shall 
pass to or for the use of any uncle, aunt, niece or nephew or any 
lineal descendant of the same, in any such case the rate of such 
tax shall be four dollars on every one hundred dollars of the 
clear market value of such property received by each person on 
the excess of two thousand dollars so received by each person 
when the amount so received exceeds the sum of twenty thousand 
dollars; and two dollars on every one hundred dollars of the 
clear market value of such property received by each person on 
the excess of two thousand dollars so received by each person 



582 


REVENUE. 


[Div. VIII. 


when the amount so received is twenty thousand dollars or less. 
In all other cases the rate shall be as follows: On each and every 
one hundred dollars of the clear market value of all property 
and at the same rate for any less amount; on all transfers of ten 
thousand dollars and less, three dollars; on all transfers over ten 
thousand dollars and not exceeding twenty thousand dollars, four 
dollars; on all transfers over twenty thousand dollars and not 
exceeding fifty thousand dollars, five dollars; on all transfers over 
fifty thousand dollars and not exceeding one hundred thousand 
dollars, six dollars; and on all transfers over one hundred thou¬ 
sand dollars, ten dollars: Provided, that any gift, legacy, inher¬ 
itance, transfer, appointment or interest which may be valued 
at a less sum than five hundred dollars shall not be subject to 
any duty or tax. 

376. Appraisement of life interest.—Accrued tax a lien on 
entire property.—Bond for deferred payment.] §2. When any 
property or interest therein or income therefrom shall pass or be 
limited for the life of another, or for a term of years, or to termi¬ 
nate on the expiration of a certain period the property of the 
decedent so passing shall be appraised immediately after the 
death of the decedent, and the value of the said life estate, term 
of years or period of limitation shall be fixed upon mortality 
tables, using the interest rate or income rate of five per cent; and 
the value of the remainder in said property so limited shall be 
ascertained by deducting the value of the life estate, term of years 
or period of limitation from the fair market value of the property 
so limited, and the tax on the several estate or estates, remainder 
or remainders, or interests shall be immediately due and payable 
to the treasurer of the proper county, together with interest 
thereon, and said tax shall accrue as provided in section 3 of this 
Act, and remain a lien upon the entire property limited until 
paid: Provided, that the person or persons, body politic or cor¬ 
porate, beneficially interested in property chargeable with said 
tax, elect not to pay the same until they shall come into actual 
possession or enjoyment of such property, then in that case said 
person or persons, or body politic or corporate, shall give bond 
to the People of the State of Illinois in a penal sum three times 
the amount of the tax arising from such property, limited with 
such sureties as the county judge may approve, conditioned for 
the payment of the said tax and interest thereon at such time or 
period as they or their representatives may come into the actual 
possession or enjoyment of said property; which bond shall be 
filed in the office of the county clerk of the proper county: 
Provided, further, that such person or persons, body politic or 
corporate, shall make a full verified return of said property to 



Div. Vlll.J GIFTS, LEGACIES AND INHERITANCES. 583 


said county judge and file the same in his office within one year 
from the death of the decedent, with the bond and sureties as 
above provided; and, further, said person or persons, body 
politic or corporate shall renew said bond every five years after 
the date of the death of decedent. 

377. Interest on deferred payment of tax assessed.—Bond of 
executors and others.] § 3. All taxes imposed by this Act, 
unless otherwise herein provided for, shall be due and payable 
at the death of the decedent, and interest at the rate of six per 
cent per annum shall be charged and collected thereon for such 
time as said taxes are not paid: Provided, that if said tax is 
paid within six months from the accruing thereof, interest shall 
not be charged or collected thereon, but a discount of five per 
cent shall be allowed and deducted from said tax; and in all cases 
where the executors, administrators or trustees do not pay such 
tax within one year from the death of the decedent, they shall 
be required to give a bond in the form and to the effect pre¬ 
scribed in section 2 of this Act, for the payment of said tax, to¬ 
gether with interest. 

378. Duties of executors and administrators.] § 4. Any ad¬ 
ministrator, executor or trustee having any charge or trust in legacies 
or property for distribution subject to the said tax shall deduct 
the tax therefrom, or if the legacy or property be not money he 
shall collect a tax thereon upon the appraised value thereof from 
the legatee or person entitled to such property, and he shall 
not deliver or be compelled to deliver any specific legacy or 
property subject to tax to any person until he shall have col¬ 
lected the tax thereon; and whenever any such legacy shall be 
charged upon or payable out of real estate the heir or devisee 
before the paying the same, shall deduct said tax therefrom, and 
pay the same to the executor, administrator or trustee, and the 
same shall remain a charge on such real estate until paid, and the 
payment thereof shall be enforced by the executor, administrator 
or trustee in the same manner that the said payment of said 
legacies might be enforced, if, however, such legacy be given in 
money to any person for a limited period, he shall retain 
the tax upon the whole amount, but if it be not in money he 
shall make application to the court having jurisdiction of his 
accounts, to make an apportionment if the case requires it of 
the sum to be paid into his hands by such legatees, and for such 
further order relative thereof as the case may require. 

379. Liability of executors and others.] § 5. All executors, 
administrators and trustees shall be personally liable for the pay¬ 
ment of taxes and interest, and where proceedings for collection 
of taxes assessed be had, said executors, administrators and 



584 


REVENUE. 


[Div. VIII. 


trustees shall be personally liable for the expenses, costs and fees 
of collection. They shall have full power to sell so much of the 
property of the decedent as will enable them to pay said tax, in 
the same manner as they may be enabled to do by law, for the 
payment of duties of their testators and intestates, and the 
amount of said tax shall be paid as hereinafter directed. 

380. Payment of tax—How made by executor and others. 
—Receipt of State Treasurer.] § 6. Every sum of money re¬ 
tained by any executor, administrator or trustee, or paid into his 
hands for any tax on any property, shall be paid by him within 
thirty days thereafter to the treasurer of the proper county, 
and the said treasurer or treasurers shall give, and every exec¬ 
utor, administrator or trustee shall take duplicate receipts from 
him of said payments, one of which receipts he shall immediately 
send to the State Treasurer, whose duty it shall be to charge 
the treasurer so receiving the tax with the amount thereof, and 
shall seal said receipt with the seal of his office and countersign 
the same and return it to the executor, administrator or trustee, 
whereupon it shall be a proper voucher in the settlement of his 
accounts; but the executor, administrator or trustee shall not be 
entitled to credit in his accounts or be discharged from liability 
for such tax unless he shall purchase a receipt so sealed and 
countersigned by the treasurer and a copy thereof certified by 
him. 

381. Executor and others to give information to county 
treasurer.] § 7. Whenever any of the real estate of which any 
decedent may die seized shall pass to any body politic or cor¬ 
porate, or to any person or persons, or in trust for them, it shall 
be the duty of the executor, administrator or trustee of such de¬ 
cedent to give information thereof in writing to the treasurer of 
the county where said real estate is situated, within six months 
after they undertake the execution of their expected duties, or if 
the fact be not known to them within that period, then within 
one month after the same shall have come to their knowledge. 

382. Refunding tax retained by executor and others.] § 8. 
Whenever debts shall be proved against the estate of the decedent 
after distribution of legacies from which the inheritance tax 
has been deducted in compliance with this Act, and the legatee 
is required to refund any portion of the legacy, a proportion of the 
said tax shall be repaid to him by the executor or administrator 
if the said tax has not been paid into the State or county treasury, 
or by the county treasurer if it has been so paid. 

383. Foreign executor transferring stocks.—Notice to Treas¬ 
urer and Attorney General—Liability of custodians.] § 9. If 
a foreign executor, administrator or trustee shall assign or trans- 



Div. VIII.] 


GIFTS, LEGACIES AND INHERITANCES. 


585 


fer any stock or obligations in this State standing in the name of 
a decedent or in trust for a decedent, liable to any such tax, the 
tax shall be paid to the treasurer of the proper county on the 
transfer thereof. No safe deposit company, trust company, cor¬ 
poration, bank or other institution, person or persons having 
in possession or under control securities, deposits, or other assets 
belonging to or standing in the names of a decedent who was 
a resident or non-resident or belonging to, or standing in the 
joint names of such a decedent and one or more persons, includ¬ 
ing the shares of the capital stock of, or other interests in, the safe 
deposit company, trust company, corporation, bank or other 
institution making the delivery or transfer herein provided, shall 
deliver or transfer the same to the executors, administrators or 
legal representatives of said decedent, or the survivor or survivors 
when held in the joint names of a decedent and one or more persons, 
or upon their order or rquest, unless notice of the time and place 
of such intended delivery or transfer be served upon the State 
Treasurer and Attorney General at least ten days prior to said 
delivery or transfer; nor shall any such safe deposit company, 
trust company, corporation, bank or other institution, person or 
persons deliver or transfer any securities, deposits or other assets 
belonging to or standing in the name of a decedent, or belonging 
to, or standing in the joint names of a decedent and one or more 
persons, including the shares of the capital stock of, or other 
interests in, the safe deposit company, trust company, corpora¬ 
tion, bank or other institution making the delivery or transfer, 
without retaining a sufficient portion or amount thereof to pay 
any tax or interest which may thereafter be assessed on account 
of the delivery or transfer of such securities, deposits or other 
assets, including the shares of the capital stock of, or other 
interests in, the safe deposit company, trust company, corpora¬ 
tion, bank or other institution making the delivery or transfer, 
under the provisions of this article, unless the State Treasurer 
and Attorney General consent thereto in writing. And it shall 
be lawful for the State Treasurer, together with the Attorney 
General, personally or by representatives, to examine said se¬ 
curities, deposits or assets at the time of such delivery or trans¬ 
fer. Failure to serve such notice or failure to allow such exami¬ 
nation, or failure to retain a sufficient portion or amount to pay 
such tax and interest as herein provided shall render said safe 
deposit company, trust company, corporation, bank or other in¬ 
stitution, person or persons liable to the payment of the amount 
of the tax and interest due or thereafter to become due upon 
said securities, deposits or other assets, including the shares of 
the capital stock of, or other interests in, the safe deposit com¬ 
pany, trust company, corporation, bank or other institution mak- 



586 


REVENUE. 


[Div. VIII. 


ing the delivery or transfer, and in addition thereto, a penalty of 
one thousand dollars; and the payment of such tax and interest 
thereon, or of the penalty above prescribed, or both, may be enforced 
in an action brought by the State Treasurer in any court of com¬ 
petent jurisdiction. 

384. Refunding excess of tax by State Treasurer.] § 10. 

When any amount of said tax shall have been paid erroneously to 
the State treasury, it shall be lawful for him on satisfactory proof 
rendered to him by said county treasurer of said erroneous payments 
to refund and pay to the executor, administrator or trustee, person 
or persons who have paid any such tax in error the amount of such 
tax so paid: Provided , that all applications for the repayment of 
said tax shall be made within two years from the date of said pay¬ 
ment. 

385. Appraisement of property—How made.] § 11. It shall 
be the duty of the county judge to ascertain whether any transfer of 
any property be subject to an inheritance tax under the provisions of 
this Act, and, if it be subject to such inheritance tax, to assess and 
fix the then cash value of all estates, annuities and life estates or 
terms of years growing out of said estates and the tax to which the 
same is liable. The county judge, upon the application of any inter¬ 
ested party, including the Attorney General, or upon his own motion 
as often as, or whenever occasion may require, may hear evidence 
and determine the fair cash value of such estate and the amount of 
inheritance tax to which the same is liable or the county judge may, 
in such case, in his discretion, where the facts are complicated and 
evidence is voluminous, appoint some competent person as appraiser 
to appraise the fair cash value at the time of the transfer thereof 
of the property of persons whose estates shall be subject to the pay¬ 
ment of any inheritance tax imposed by this Act. Whether the fail 
cash value of such estate shall be ascertained and determined by thr 
appraiser appointed by the county judge or by the county judge, no¬ 
tice shall, in each case, be given by mail to all persons known to have 
a [or] claim an interest in such property, including the Attorney 
General, and to such persons as the county judge by order directs- 
of the time and place he will appraise such property: Provided , that 
in counties of the third class, because of the volume of general busi¬ 
ness transacted in the county courts of such counties, the county 
judge in such counties of the third class may, in his discretion, ap¬ 
point appraisers in any and all cases. In case an appeal is taken to 
the county court, it shall be the duty of the county clerk, within two 
days after such appeal shall have been perfected, to notify in writing 
the Attorney General and county treasurer. Within five days after 
the judgment of the county court shall be entered on appeal, it shall 



Div. VIII.] 


LEVY AND EXTENSION OF TAXES. 


587 


be the duty of the county clerk to make and transmit a certified copy 
of such judgment to the Attorney General and county treasurer. 
Persons of full age and sui juris may, in writing, waive such notice, 
and consent to an immediate hearing by the county judge or the ap¬ 
praiser, as the case may be. 

Both the appraiser and the county judge are hereby authorized 
and empowered to use subpoenas for and to compel the attendance of 
witnesses before them, respectively, and to take the evidence of such 
witnesses under oath. Any persons who shall be served with a 
subpoena to appear and testify or to produce books and papers, is¬ 
sued either by the county judge or by the appraiser, and who shall 
refuse or neglect to appear or testify or to produce books and papers 
relevant to such assessment, as commanded in such subpoena, shall 
be deemed guilty of a misdemeanor, and shall, on conviction, be pun¬ 
ished by a fine of not less than ten dollars nor more than twenty-five 
dollars for each offense. Any circuit court or judge thereof, either 
in term time or vacation, upon application of the county judge or 
appraiser, as the case may be, may, in its or his discretion, compel 
the attendance of witnesses, the production of books and papers, and 
giving of testimony before such county judge or appraiser, as the 
case may be, by attachment for contempt or otherwise in the same 
manner as the production of evidence may be compelled before said 
court. When the evidence is taken by an appraiser, he shall make a 
report thereof and of such value in writing to said county judge, 
with the depositions of the witnesses examined and such other facts 
in relation thereto, and to said matters as said county judge may by 
order require. The order of the county judge assessing and fixing 
an inheritance tax, together with the report, if any, of appraiser ap¬ 
pointed by such county judge, shall be filed in the office of the county 
clerk. It shall be the duty of the county clerk, within five days after 
the filing of such order assessing and fixing the inheritance tax, to 
make and transmit a certified copy of such order to the Attorney 
General and to the county treasurer of the county in which such 
assessment is had, and, also, to give notice by mail to all parties 
known to be interested in such estate, substantially in such form as 
may be prescribed and furnished to the county clerk by the Attorney 
General. 

Any person or persons, including the Attorney General, dis¬ 
satisfied with the appraisement or assessment, may appeal there¬ 
from to the county court of the proper county within sixty days after 
the making and filing of such assessment order on paying or giving 
to the county judge security satisfactory to pay all costs, together 
with whatever taxes shall be fixed by the court: Provided, no bond 
or security shall be required of the Attorney General. 



588 


REVENUE. 


[Div. VIII. 


The said appraiser shall be paid by the county treasurer out of 
any funds he may have in his hands on account of the inheritance 
tax collected in said appraisement, as by law provided, on the cer¬ 
tificate of the county judge, such compensation as such judge may 
deem just for said appraiser’s services as such appraiser, not to ex¬ 
ceed ten dollars ($10.00) per day for each [day] actually and neces¬ 
sarily employed in such appraisement and not to exceed fifteen per 
cent of the aggregate amount of tax levied and assessed by the 
county judge: Provided, such appraiser shall in no case receive less 
than ten dollars ($10.00). 

Such appraiser shall, also, be entitled to receive his actual and 
necessary traveling expenses and disbursements, including witness 
fees paid by him, if any, such expenses and disbursements to be paid 
by the county treasurer on the order of the county judge, out of the 
inheritance tax collected in such appraisement. 

It shall be the duty of the Attorney General to exercise general 
supervision over the assessment and collection of the inheritance tax 
provided in this Act, and in the discharge of such duty, the Attorney 
General may institute and prosecute such suits and proceedings as 
may be necessary and proper, appearing therein for such purpose; 
and it shall be the duty of the several State’s attorneys to render as¬ 
sistance therein when requested by the Attorney General so to do. 
[Amended by Act approved June 28, 1913. In force July 1, 1913. 
Laws 1913, p. 513. 

386. Fees of county clerks—Inheritance tax attorney—Ap¬ 
pointments authorized—Salary—Fees generally.] § 12. The 

fees of the clerk of the county court in inheritance tax matters in 
the respective counties of this State, as classified in the Act concern¬ 
ing fees and salaries, shall be as follows: 

In counties of the first and second class, for services in all pro¬ 
ceedings in each estate before the county judge the clerk shall receive 
a fee of five dollars. In all such proceedings in counties of the third 
class, the clerk shall receive a fee of ten dollars. Such fees shall be 
paid by the county treasurer, on the certificate of the county judge, 
out of any money in his hands, on account of said tax. In counties 
of the third class, the Attorney General shall designate an assistant 
or assistants Attorney General, whose special duty it shall be to at¬ 
tend to all matters pertaining to the enforcement of this Act in 
respect to the appraisement, assessment and collection of the inherit- 
ence tax in such counties. In counties of the third class, the clerk of 
the county court may appoint a clerk in the office of the clerk of said 
court, to be known as the “inheritance tax clerk,” whose compen¬ 
sation shall be fixed by the county judge, not to exceed fifteen hun- 



Div. VIII.] GIFTS, LEGACIES AND INHERITANCES. 


589 


dred dollars per year, and not to exceed the fee earned in said office 
in inheritance tax matters, the surplus of such fees over said com¬ 
pensation so fixed to be turned into the county treasury. In addition 
to the above, the clerk of the county court shall be entitled, in all 
suits brought for the collection of delinquent inheritance tax, and 
all contested inheritance tax cases appealed from the county judge 
to the county court, and in all appeals from the county court 
to the Supreme Court, the same fees as are now, or which may 
hereafter be, allowed by law in suits at law, or in the matter of 
appeals at law, to or from the county court, which fees shall 
be taxed as costs and paid as in other cases at law; and in all 
cases arising under this Act, including certified copies of docu¬ 
ments or records in his office, for which no specific fees are pro¬ 
vided, the clerk of the county court shall charge against and 
collect from the persons applying for, or entitled to such services, 
or certified copies, the same fees as are now, or which may 
hereafter be, allowed for similar services or certified copies in said 
court, and for recording inheritance tax receipts required to be 
recorded in his office, he shall receive the same fees which now are 
or hereafter may be allowed by law to the recorder of deeds for 
recording similar instruments. [As amended by Act approved June 
28, 1913. In force July 1, 1913. Laws 1913, p. 515. 

387. Appraiser—Penalty for receiving fee or reward.] § 13. 

Any appraiser appointed by this Act, who shall take any fee or 
reward from any executor, administrator, trustee, legatee, next of 
kin or heir of any decedent, or from any other person liable to 
pay said tax or any portion thereof, shall be guilty of a misde¬ 
meanor, and upon conviction in any court having jurisdiction of 
misdemeanors, he shall be fined not less than two hundred and fifty 
dollars nor more than five hundred dollars and imprisoned not 
exceeding ninety days; and in addition thereto the county judge shall 
dismiss him from such service. 

388 Jurisdiction of county court over property of new resi¬ 
dent decedent.] § 14. The county court in the county in which 
the property is situated of the decedent, who was not a resident 
of the State or in the county of which the deceased was a resident 
at the time of his death, shall have jurisdiction to hear and de¬ 
termine all questions in relation to the tax arising under the 
provisions of this Act, and the county court first acquiring 
jurisdiction hereunder shall retain the same to the exclusion of 
every other. 



590 


REVENUE. 


[Div. VIII. 


389. Failure to pay tax—Proceedings in county court.] 

§15. If it shall appear to the county court that any tax accruing 
under this Act has not been paid according to law, it shall issue 
a summons summoning the persons interested in the property 
liable to the tax to appear before the court on a day certain, not 
more than three months after the date of such summons, to show 
cause why said tax should not be paid. The process, practice 
and pleadings, and the hearing and determination thereof, and the 
judgment in said court in such cases shall be the same as those 
now provided, or which may hereafter be provided in probate cases 
in the county courts in this State, and the fees and costs in such 
cases shall be the same as in probate cases in the county courts 
of this State. 

390. Attorney General to prosecute collection of tax, etc.] 

§ 16. Whenever it appears that any tax is due and unpaid under this 
Act, and the persons, institutions or corporations liable for said tax 
have refused or neglected to pay the same, it shall be the duty of the 
Attorney General, if he has proper cause to believe a tax is due and 
unpaid, to prosecute the collection of the same by a bill in chancery, 
filed in the name of the People of the State of Illinois, to enforce the 
lien of the inheritance tax, or, if there be grounds for the same, to 
secure an injunction against the transfer and delivery or other dispo¬ 
sition of property subject to the lien for the payment of the inherit¬ 
ance tax, and the county courts are invested with full jurisdiction to 
hear and determine such suits. The process, practice and proceed¬ 
ings shall be the same as in cases in chancery, except that the 
answer of the defendant need not be under oath. 

In addition to the remedy hereinabove provided, any inheritance 
tax due and unpaid may be recovered in an action of assumpsit 
brought by the Attorney General, in the name of the People of the 
State of Illinois, against any person liable for such tax and the 
Attorney General is hereby authorized to bring such action in any 
court having jurisdiction. 

391. County judge and county clerk—Quarterly statements 
to county treasurer.] § 17. The county judge and county clerk 
of each county shall, every three months, make a statement in writ¬ 
ing to the county treasurer of the county of the property from which 
or the party from whom he has reason to believe a tax under this 
Act is due and unpaid. 



Div. VIII.] GIFTS, LEGACIES AND INHERITANCES. 


501 


It shall be the duty of the county treasurer on the first day of 
January, April, July and October of each year to make and transmit 
to the Attorney General a statement of the inheritance tax due and 
unpaid in all estates in which the county judge, or county court, as 
the case may be, has levied and assessed such tax as the same ap¬ 
pears from the certified copy of the orders of the county judge, or 
the certified copy of the judgment of the county court assessing and 
fixing such tax on file in his office: Provided > in case an appeal 
shall be taken from the county judge to the county court in any 
case, such statement shall not include the estate in which such ap¬ 
peal is pending and undisposed of. [As amended by Act approved 
June 28, 1913. In force July 1, 1913. Laws 1913, p. 515. 

392. § 18. Repealed. See Laws 1913, p. 513. 

393. State Treasurer shall furnish book to county judge.] 

§ 19. The Treasurer of the State shall furnish to each county 
judge a book, in which he shall enter the returns made by appraisers, 
the cash value of annuities, life estates and terms of years and 
other property fixed by him, and the tax assessed thereon and the 
amounts of any receipts for payments thereof filed with him, which 
books shall be kept in the office of the county judge as a public 
record. 

394. Payment by county to State Treasurer—Receipt—Re¬ 
port to Auditor semi-annually.] § 20. The treasurer of each 
county shall collect and pay to the State Treasurer all taxes that 
may be due and payable under this Act, who shall give him a receipt 
therefor, of which collection and payment he shall make a report 
under oath to the Auditor of Public Accounts, on the first Monday 
in March and September of each year, stating for what estate paid, 
and in such form and containing such particulars as the Auditor may 
prescribe; and for all said taxes collected by him and not paid to the 
State Treasurer by the first day of October and April of each year, 
he shall pay interest at the rate of ten per cent per annum. 

395. Fees of county treasurer.] § 21. The treasurer of each 
county shall be allowed to retain two per cent on all taxes paid and 
accounted for by him under this Act in full for his services in col¬ 
lecting and paying the same, in addition to his salary or fees now 
allowed by law. 

396. Receipt from county treasurer—Sealing and recording 
same.] § 22. Any person or body politic or corporation shall, 





592 


REVENUE. 


[Div. VIII. 


upon the payment of the sum of fifty cents, be entitled to a re¬ 
ceipt from the county treasurer of any county or the copy of the 
receipt at his option that may have been given by said treasurer for 
the payment of any tax under this Act, to be sealed with the seal 
of his office, which receipt shall designate on what real property, 
if any, of which any deceased may have died seized, said tax has 
been paid and by whom paid, and whether or not it is in full of said 
tax; and said receipt may be recorded in the clerk’s office of said 
county in which the property may be situated, in a book to be kept 
by said clerk for such purpose. 

397. Liability to taxation—How determined—Appeal to 
supreme court.] § 23. When any person interested in any prop¬ 
erty in this State, which shall have been transferred within the 
meaning of this Act shall deem the same not subject to any tax 
under this Act, he may file his petition in the county court of 
the proper county to determine whether said property is subject 
to the tax herein provided, in which petition the county treasurer 
and all persons known to have or claim any interest in said 
property shall be made parties. The county court may hear the 
said cause upon the relation of the parties and the testimony 
of witnesses, and evidence produced in open court, and, if the 
court shall find said property is not subject to any tax, as herein 
provided, the court shall, by order, so determine; but if it shall 
appear that said property, or any part thereof, is subject to any 
such tax, the same shall be appraised and taxed as in other cases. 
An adjudication by the county court, as herein provided, shall be 
conclusive as to the lien of the tax herein provided upon said 
property, subject to appeal to the Supreme Court of the State by 
the county treasurer, or Attorney General of the State, in behalf 
of the people, or by any party having an interest in said property. 
The fees and costs in all cases arising under this section shall 
be the same as are now or may hereafter be allowed by law in 
cases at law in the county court. 

398. Continuation of lien—Limitation.] § 24. The lien of 
the collateral inheritance tax shall continue until the said tax 
is settled and satisfied: Provided, that said lien shall be limited 
to the property chargeable therewith : And, provided, further, that 
all inheritance taxes shall be sued for within five years after they 
are due and legally demandable, otherwise they shall be pre¬ 
sumed to be paid and cease to be a lien as against any purchaser 
of real estate. 

399. Highest rate in certain cases—Return of tax wrong¬ 
fully imposed—Other provisions.] §25. When property is trans¬ 
ferred or limited in trust or otherwise, and the rights, interest or 
estates of the transferees or beneficiaries are dependent upon con- 



Div. VIII.] 


GIFTS, LEGACIES AND INHERITANCES. 


593 


tingencies or conditions whereby they may be whloly or in part 
created, defeated, extended or abridged, a tax shall be imposed 
upon said transfer at the highest rate which, on the happening 
of any of the said contingencies or conditions, would be possible 
under the provisions of this article, and such tax so imposed shall 
be due and payable forthwith by the executors or trustees out of 
the property transferred: Provided, however, that on the happen¬ 
ing of any contingency whereby the said property, or any part 
thereof is transferred to a ^person, corporation or institution 
exempt from taxation under the provisions of the inheritance tax 
laws of this State, or to any person, corporation or institution 
taxable at a rate less than the rate imposed and paid, such 
person, corporation or institution shall be entitled to a return of 
so much of the tax imposed and paid as is the difference between 
the amount paid and the amount which said person, corporation 
or institution should pay under the inheritance tax laws, with in¬ 
terest thereon at the rate of three per centum per annum from 
the time of payment. Such return of over-payment shall be made 
in the manner provided for refunds under section eight. 

Estates or interests in expectancy which are contingent or 
defeasible and in which proceedings for the determination of the 
tax have not been taken or where the taxation thereof has been 
held in abeyance, shall be appraised at their full, undiminished 
value when the persons entitled thereto shall come into the 
beneficial enjoyment or possession thereof, without diminution 
for or on account of any valuation theretofore made of the par¬ 
ticular estates for the purposes of taxation, upon which said 
estates or interests in expectancy may have been limited. 

Where an estate for life or for years can be divested by the 
act or omission of the legatee or devisee it shall be taxed as if 
there were no possibility of such divesting. 

400. Compounding of claims—Powers of State Treasurer 
and Attorney General.] § 26. The State Treasurer, by and with 
the consent of the Attorney General expressed in writing, is 
hereby empowered and authorized to enter into an agreement 
with the trustees of any estate in which remainders or expectant 
estates have been of such a nature, or so disposed and circum¬ 
stanced that the taxes therein were held not presently payable, 
or where the interests of the legatees or devisees were not ascer¬ 
tainable under an Act to tax gifts, legacies, and inheritances, etc., 
in force July 1, 1885, and amendments thereto; and to com¬ 
pound such taxes upon such terms as may be deemed equitable 
and expedient; and to grant discharge to said trustees upon the 
payment of the taxes provided for in such composition: Provided, 
however, that no such composition shall be conclusive, in favor 



594 


REVENUE. 


[Div. VIII. 


of said trustees as against the interests of such cestuis que trust 
as may possess either present rights of enjoyment, or fixed, ab¬ 
solute or indefeasible rights of future enjoyment, or of such as 
would possess such rights in the event of the immediate termi¬ 
nation of particular estates, unless they consent thereto, either 
personally, when competent, or by guardian. Composition or 
settlement made or effected under the provisions of this section shall 
be executed in triplicate, and one copy filed in the office of the 
State Treasurer, one copy in the office of the clerk of the county 
court wherein the appraisement was had or the tax was paid, 
and one copy delivered to the executors, administrators or 
trustees who shall be parties thereto. 

401. Guardian for infant.] § 27. If it appears at any stage 
of an inheritance tax proceeding that any person known to be 
interested therein is an infant or person under disability, the 
county judge may appoint a special guardian of such infant or 
person under disability. 

402. Bequests to hospitals, churches and other organizations 
exempted.] §28. When the beneficial interests of any property 
or income therefrom shall pass to or for the use of any hospital, 
religious, educational, bible, missionary, tract, scientific, benev¬ 
olent or charitable purpose, or to any trustee, bishop or minister of 
any church or religious denomination, held and used exclusively for 
the religious, educational or charitable uses and purposes of such 
church or religious denomination, institution or corporation, by 
grant, gift, bequest or otherwise, the same shall not be subject 
to any such duty or tax, but this provision shall not apply to any 
corporation which has the right to make dividends or distribute 
profits or assets among its members. 

403. Transfer defined.] §29. When property, or any inter¬ 
est therein or income therefrom, shall pass to or for the use of 
any person, institution or corporation by the death of another, 
by deed, instrument or memoranda, such passing shall be deemed 
a transfer within the meaning of this Act, and taxable at the 
same rates, and be appraised in the same manner and subjected 
to the same duties and liabilities as any other form of transfer 
provided in this Act. 

404. Certified copies of papers to be furnished—Fees for 
same.] § 30. On the written request of the county treasurer or 
county judge, in the county wherein an appraisement has been 
initiated, the clerk of the county court and in counties having a 
probate court, the clerk of the probate court and the recorder of 
deeds shall furnish certified copies of all papers within their care 
or custody, or records material in the particular appraisement, 



Div. VIII.] 


CASUAL DEFICITS OR FAILURES IN. 


595 


and the said clerk and recorder shall receive the same fee or com¬ 
pensation for such certified copies as they would be entitled by 
law in other cases, which shall be paid to them by the county 
treasurer of the proper county, out of moneys in his hands on 
account of inheritance tax collections, on the presentation of 
itemized bills therefor, approved by the county judge of the 
proper county. 

405. Repeal.] §31. That “An Act to tax gifts, legacies 
and inheritances in certain cases, and to provide for the collection 
of the same,” approved June 15, 1895, in force July 1, 185, as 
amended by Act approved May 10, 1901, in force July 1, 1901, 
and all laws or parts of laws inconsistent herewith be and the 
same are hereby repealed: Provided, however, that such repeal 
shall in no wise affect any suit, prosecution or court proceeding 
pending at the time this Act shall take effect, or any right which 
the State of Illinois may have at the time of the taking effect 
of this Act, to claim a tax upon any property under the pro¬ 
visions of the Act or Acts hereby repealed, for which no pro¬ 
ceeding has been commenced ; and all appeals and rights of appeal 
in all suits pending, or appeals from assessments of tax made by 
appraisers’ reports, orders fixing tax or otherwise existing in this 
State at the time of the taking effect of this Act. 

TO PROVIDE FOR CASUAL DEFICITS OR FAILURES IN 

REVENUES. 

AN ACT to provide for casual deficits or failures in revenues. [Approved 
April 2, 1897. In force July 1 , 1897. Laws 1897, p. 287.] 

406. Whenever casual deficits or failures in the revenues of the State 

occur. 

407. Loan—How made and when awarded. 

408. Bonds or certificates to be registered—Interest and principal— 

How paid—Appropriation. 

406. Whenever casual deficits or failures in the revenues of 
the State occur.] § 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly; That whenever 
casual deficits or failures in revenues of the State occur, in order 
to meet the same, the Governor, Auditor and Treasurer are here¬ 
by authorized to contract debts, never to exceed in the aggre¬ 
gate the sum of two hundred and fifty thousand dollars, and 
moneys thus borrowed shall be applied to the purpose for which 
they were obtained, or to pay the debts thus created, and to 
no other purpose: Provided, that all moneys so borrowed shall 
be borrowed for no longer time than two years. 



596 


REVENUE. 


[Div. VIII. 


407. Loan—How made and when awarded.] § 2. Whenever 
the borrowing of money under section one of this Act is contem¬ 
plated, it shall be the duty of the Governor, Auditor and Treasurer 
to advertise for proposals for such loan, for ten days, in one of the 
daily newspapers printed in each of the cities of New York, Chicago 
and Springfield, setting forth in said advertisements the amount of 
debt proposed to be contracted and the time and place for the 
payment of the principal and interest. And the loan shall be 
awarded to the person or persons agreeing to take it at the lowest 
rate of interest not exceeding five per cent per annum. 

408. Bonds or certificates to be registered—Interest and 
principal—How paid—Appropriation.] § 3. There shall be pre¬ 
pared under the direction of the officers named in this Act such 
form of bonds or certificates as they shall deem advisable, which, 
when issued, shall be signed by the Governor, Auditor and 
Treasurer, and shall be registered by the Auditor in a book to be 
kept by him for that purpose. The interest and principal of such 
loan shall be paid by the Treasurer out of the general revenue fund. 
There is hereby appropriated out of any money in the treasury a 
sum not exceeding the sum of two hundred and seventy thousand 
dollars, for the payment of the interest and principal of any debts 
contracted under this Act. 

The Auditor of Public Accounts is hereby authorized and 
directed to draw his warrant on the State Treasurer for the amount 
of all such payments. 

FUND FOR UNIVERSITY OF ILLINOIS. 

AN ACT to provide by State tax for a fund for the support and maintenance 

of the University of Illinois. [Approved June 10, 1911. In force July 1, 

1911. L. 1911, p. 484.] 

409. Annual tax levy for fund for use of University of Illinois. 

410. Disposition of fund. 

409. Annual tax levy for fund for use of University of Illi¬ 
nois.] § 1 .Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That there shall be levied 
and collected for the year 1912 and annually thereafter at the same 
time and in the same manner that State taxes are collected, a one mill 
tax for each dollar of the assessed valuation of the taxable property 
of this State to be paid into the treasury of the State and set apart 
as a fund for the use and maintenance of the University of Illinois. 

410. Disposition of fund.] § 2. Such fund when so col¬ 
lected, paid in and set apart, shall remain in the treasury of this 
State until appropriated to the use of the said University of Illinois 
by Act of the General Assembly in accordance with section 18, 
article 4, of the Constitution of this State. 



Div. IX.] 


ELECTIONS. 


597 


DIVISION IX. 


ELECTIONS. 

AN ACT in regard to elections, and to provide for filling vacancies in elective 

offices. [Approved April 3, 1872. In force July 1, 1872. Laws 1871-2, 

p. 380.] 

ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF UNITED 

STATES. 

1. Election. 

2. Returns—Canvass—Tie. 

3. Result published—Certificate sent to person elected. 

4. Meeting of electors—Mileage. 

5. Vacancies filled. 

1. Elections.] § 1. Be it enacted by the People of the State 
of Illinois represented in the General Assembly: That there shall 
be elected, by general ticket, on the Tusday next after the first 
Monday in November preceding the expiration of the term of 
office of each president of the United States as many electors of 
president and vice president of the United States as this State 
may be entitled to elect—which election shall be conducted and 
returns thereof made as hereinafter provided: Provided, that 
if congress should hereafter fix a different day for such election, then 
the election for electors shall be held on such day as shall be 
named by Act of congress. 1 

2. Returns—Canvass—Tie.] §2. The county clerks of the 
several counties shall, within eight days next after holding an 
election for electors of president and vice president of the United 
States, as is provided for in this Act, make three copies of the 
abstract of votes for electors, and transmit by mail one of said 
copies to the Governor, another to the office of the Secretary of 
State, and retain the third in his office, to be sent for by the Gov- 


(1) The Constitution of the United States, Art. IT, § 2, has made the following 
provision concerning the electors of president and vice-president: 

“Each State shall appoint, in such manner as the legislature thereof may direct, 
a number of electors equal to the whole number of senators and representatives to 
which the State may be entitled in the Congress; but no senator or representative, 
or person holding an office of trust or profit under the United States shall be 
appointed an elector.” 

Concerning the meeting of electors of president and vice-president, the Constitu¬ 
tion, Art II, § 4, provides as follows: 

“The Congress may determine the time of choosing the electors and the day on 
which they shall give their votes, which day shall be the same throughout the 
United States.” 


Congress by Act of January 23, 1845, provided that the election for electors of 
©resident and vice-president shall be on Tuesday after the first Monday in November, 
and by Act of March 1, 1792, that the day of giving their votes for president and 
vice-president shall be the first Wednesday in December. 





598 


ELECTIONS. 


[Div. IX. 


ernor in case both the others should be mislaid. Within twenty 
days after the holding of such election, and sooner if all the 
returns are received bv either the Governor or by the Secretary 
of State, the Secretary of State, Auditor of Public Accounts 
and Treasurer, or any two of them, shall, in the presence of the 
Governor, proceed to open and canvass said election returns, 
and to declare the persons having the highest number of votes 
elected; but should any two or more persons be returned with 
an equal and the highest vote, the said Secretary of State shall 
cause a notice of the same to be published, which notice shall 
name some day and place, not less than five days from the time 
of the publication of such notice, upon which the said Secretary, 
Auditor and Treasurer will decide by lot which of said persons 
so equal and highest is elected. And upon the day and at the 
place so appointed in said notice, the said Secretary, Auditor 
and Treasurer, or any two of them, shall, in the presence of the 
Governor, decide by lot which of the persons so equal and high¬ 
est shall be elected. 

3. Result to be published—Certificate sent to person 
elected.] § 3. The Governor shall cause the result of said elec¬ 
tion to be publishel, and shall transmit by mail, to the persons 
elected, certificates of their election. 

4. Meeting of electors—Mileage.] §4. The electors, 
chosen as aforesaid, shall meet at the seat of government of this 
State, at the time appointed by the laws of the United States, 
and give their votes in, in the manner therein provided, and 
perform such duties as are or may be required by law. Each 
elector shall receive for every twenty miles necessary travel in 
going to the seat of government to give his vote and returning 
to his residence, to be computed by the most usual route, the 
sum of $3, to be paid on the warrant of the auditor, out of any 
money in the treasury not otherwise appropriated. 

5. Vacancy filled.] § 5. In case any person declared duly 
elected an elector of president and vice president of the United 
States shall fail to attend at the State House, at the seat of gov¬ 
ernment of this State, at or before the hour of twelve o’clock, 
at noon, of the day on which his vote is required to be given, it 
shall be the duty of the elector or electors of president and vice 
president, attending at the time and place, to appoint a person or 
persons to fill such vacancy: Provided, that should the person 
or persons chosen by the people, as aforesaid, arrive at the place 
aforesaid before the votes for president and vice president are 
actually given, the person or persons appointed to fill such 
vacancy shall not act as elector of president and vice president. 



Div. IX.] 


ELECTION FOR CERTAIN OFFICERS. 


599 


TIME OF HOLDING ELECTIONS FOR CERTAIN OFFICERS. 

6. Representatives in congress. 

6^4.Election of United States senator. 

7. Governor, lieutenant governor, secretary of state, auditor and attor¬ 

ney general. 

8. Superintendent of public instruction. 

9. State treasurer. 

10. Judges of supreme court. 

11. Clerks of supreme court. 

12. Judges of circuit courts. 

13. The election of judges of the superior court of Cook county. 

14. Repeal. 

15. Emergency. 

16. State senators. 

17. Members of the house of representatives. 

18. The election of county judges and county clerks. 

19. The election of sheriffs and coroners. 

20. Clerks of circuit courts. 

21. The election of clerk of superior court of Cook county. 

22. The election of clerk of criminal court of Cook county. 

23. The election of county treasurers. 

24. County treasurer ex-officio assessor—Fees. 

25. The election of county surveyors. 

26. The election of county superintendent of schools. 

27. The election of State’s attorneys. 

28. State board of equalization. 

29. Recorder of deeds in certain counties. 

30. County commissioners in counties not under township organization. 

6. § 6. Representatives in congress shall be elected on 
Tuesday next after the first Monday in November, in the year of 
our Lord 1872, and every two years thereafter; but if congress shall 
fix a different day, then such election shall be held on the day so 
fixed by congress. 

6*4. Election of United States Senator.] § 6a. A United 
States Senator shall be elected on the Tuesday next after the first 
Monday in November preceding the expiration of the term of office 
of each Senator in Congress from this State: Provided, that if 
Congress shall fix a different day for such election, then the election 
shall be held on the day so fixed by Congress. [Added by Amend¬ 
ment by Act approved June 25, 1913. In force July 1, 1913. Laws 
1913, p. 307. 

7. § 7. The Governor, Lieutenant-Governor, Secretary of 
State, Auditor of Public Accounts and Attorney General shall be 
elected on Tuesday next after the first Monday of November, in 
the year of our Lord 1872, and every four years thereafter. [See 
Const., Art. 5, § 3. 

8. § 8. The Superintendent of Public Instruction shall be 
elected on Tuesday next after the first Monday of November, in 
the year of our Lord 1874, and every four years thereafter. [See 
Const., Art. 5, § 3. 

9. § 9. The State Treasurer shall be elected on Tuesday 






600 


ELECTIONS. 


[Div. IX. 


next after the first Monday of November, in the year of our Lord 
1872, and every two years thereafter. [See Const., Art. 5, § 3. 

10. § 10. The Judges of the Supreme Court shall here¬ 
after be elected as follows, to-wit: In the first, second, third, 
sixth and seventh districts on the first Monday of June, in the 
year of our Lord 1879, and every nine years thereafter. In the 
fourth district, on the first Monday of June, in the year of our 
Lord 1876, and.every nine years thereafter. In the fifth district, 
on the first Monday of June, in the year of our Lord 1873, and 
every nine years thereafter. [See Const., Art. 6, § 6. 

11. § 11. A clerk of the Supreme Court in each grand di¬ 
vision shall be elected on Tuesday next after the first Monday of 
November, in the year of our Lord 1872, and every six years there¬ 
after. [See Const., Art. 6, § 10. 

12. § 12. The judges of the circuit court shall be elected on 
the first Monday of June, in the year of our Lord 1873, and every 
six years thereafter. [See Const., Art. 6, § 14. 

13. The election of judges of the superior court of Cook 
county.] § 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That each of the sitting 
judges of the superior court of Cook county shall hold his office 
until the expiration of the term for which he was elected; and 
from and after the passage of this Act twelve (12) judges of the 
superior court of Cook county shall be elected as follows: Six 
(6) judges on the Tuesday next after the first Monday in Novem¬ 
ber in the year of our Lord 1910, and every six (6) years there¬ 
after, and four (4) judges on the Tuesday next after the first 
Monday in November in the year of our Lord 1911, and every six 
(6) years thereafter, and one (1) judge on the first Tuesday in 
April, in the year of our Lord 1907, and every six (6) years there¬ 
after, and one (1) judge on the first Monday in June in the year 
of our Lord 1909, and every six (6) years thereafter. 

Each of the judges so elected as herein provided shall enter 
upon the duties of his office on the first Monday in December 
next after his election and shall hold office for a term of six (6) 
years and until his successor is elected and qualified. 

14. Repeal.] §2. All Acts and parts of Acts in conflict 
with this Act as hereby repealed. 

15. Emergency.] § 3. Whereas, an emergency exists, 
therefore this Act shall be in force from and after its passage and 
approved [approval] by the Governor. [Approved and in force 
February 16, 1907. Laws 1907, p. 262. 

16. § 14. State senators shall be elected as follows, to-wit: 
Those in districts bearing even numbers shall be elected on Tues¬ 
day next after the first Monday of November, in the year of our 




Div. IX.] 


ELECTIONS FOR CERTAIN OFFICERS. 


601 


Lord 1872, and every four years thereafter. Those in districts 
bearing odd numbers shall be elected on Tuesday next after the 
first Monday of November, in the year of our Lord 1872, for the 
term of two years. And after that they shall be elected on Tues¬ 
day next after the first Monday of November, in the year of our 
Lord 1874, and every four years thereafter. [See Const., Art. 
4, § 6. 

17. § 15. Members of the house of representatives shall be 

elected on Tuesday next after the first Monday of November, in 
the year of our Lord 1872, and every two years thereafter. [See 
Const., Art. 4, § 7. 

18. Election of county judges and county clerks.] § 16. The 

county judges and county clerks shall be elected on Tuesday next 
after the first Monday of November, 1882, and every four years 
thereafter, and shall enter upon the duties of their offices on the 
first Monday of December after their election. [As amended by 
Act approved May 10, 1881. In force July 1, 1881. Laws 1881, 
p. 94. 

19. Election of sheriffs and coroners.] § 17. The sheriffs 
shall be elected on Tuesday next after the first Monday of No¬ 
vember, 1882, and every four years thereafter, and shall enter 
upon the duties of their offices on the first Monday of De¬ 
cember after their election ; and coroners shall be elected on Tues¬ 
day next after the first Monday of November, 1882, who shall 
hold their offices two years, and on- Tuesday next after the first 
Monday of November, 1884, and every four years thereafter, there 
shall be elected a coroner in each of the counties of this State, 
and they shall enter upon their offices on the first Monday of 
December after their election. [As amended by Act approved 
May 10, 1881. In force July 1, 1881. Laws 1881, p. 94. 

20. § 18. The clerks of the circuit court shall be elected 
on Tuesday next after the first Monday of November, in the 
year of our Lord 1872, and every four years thereafter. [See 
Const., Art. 10, § 8. 

21. Election of the clerk of the superior court of Cook 
county.] § 19. The clerk of the superior court of Cook county 
shall be elected on Tuesday next after the first Monday of No¬ 
vember, A. D. 1884, and every four (4) years thereafter; and 
shall enter upon his office on the first Monday of December after 
his election. [As amended by Act approved May 10, 1881. In 
force July 1, 181. Laws 1881, p. 95. 

22. Election of clerk of criminal court of Cook county.] 
§ 20. The clerk of the criminal court of Cook county shall be 
elected on Tuesday next after the first Monday of November, 
1886, and every four years thereafter. [As amended by Act ap¬ 
proved June 30, 1885. In force July 1, 1885. 




602 


ELECTIONS. 


[Div. IX. 


23. Election of county treasurers.] § 21. The county treas¬ 
urers shall be elected on Tuesday next after the first Monday 
of November, 1882, and every four (4) years thereafter; they 
shall enter upon their offices on the first Monday of December 
after their election. [As amended by Act approved May 10, 
1881. In force July 1, 1881. Laws 1881, p. 95. 

24. County treasurer ex-officio assessor—Fees.] § 1. In 

counties not under township organization there shall be elected 
on Tuesday next after the first Monday of November, 1882, and 
every four years thereafter, a county treasurer, who shall be 
ex-officio the county assessor, and who shall receive all fees as 
treasurer and assessor, as is provided by law, and who shall hold 
his office for four years, and until his successor is elected and 
qualified: Provided, that no person having once been elected 

county treasurer under this Act, shall be eligible to re-election to 
said office for four years after the expiration of the term ’ for 
which he shall have been elected. [As amended by Act approved 
May 10, 1881. In force July 1, 1881. Laws 1881, p. 62. 

25. Election of county surveyors.] § 22. A county sur¬ 
veyor shall be elected in and for each county on Tuesday next 
after the first Monday of November, in the year 1884, and every 
four (4) years thereafter; and shall enter upon his office on the 
first Monday in December after his election. [As amended by 
Act approved May 10, 1881. In force July 1, 1881. Laws 1881, 
p. 95. 

26. Election of county superintendents of schools.] §23. 
The county superintendents of schools shall be elected on Tues¬ 
day next after the first Monday of November, 1882, and every 
four years thereafter; they shall enter upon their offices on the 
first Monday of December after their election. [As amended by 
Act approved May 10, 1881. In force July 1, 1881. Laws 1881, 
p. 95. 

27. Election of State’s attorneys.] § 24. A State’s attor¬ 
ney shall be elected in each county on Tuesday next after the 
first Monday of November, 1884, and every four years there¬ 
after, and shall enter upon his office on the first Monday in De¬ 
cember after his election. [As amended by Act approved May 
10, 1881. In force July 1, 1881. Laws 1881, p. 95. 

28. State Board of Equalization.] § 25. There shall be 
elected in each congressional district, on Tuesday next after the 
first Monday of November, in the year of our Lord 1872, and 

♦An Act to consolidate the offices of county treasurer and county assessor in 
counties not under township organization, [approved May 2, 1873, In force Julv 1 
1873. Laws 1873, p. 74.] ouiy ’ 





Div. IX.] 


ELECTION PRECINCTS. 


603 


every four years thereafter, one elector, to serve as a member of 
the State’s board of equalization. [See “Revenue,” 106, § 100-1. 

29. Recorders of deeds in certain counties.] § 26. In coun¬ 
ties having a population of sixty thousand or more, there shall 
be elected a recorder of deeds, on Tuesday next after the first 
Monday of November, in the year of our Lord 1872, and every 
four years thereafter. [See Const., Art. 10, § 8. 

[§ 27 of this Act, providing for the election of an assessor 
in counties not under township organization, is repealed by im¬ 
plication. See ]f 25, § 22 of this chapter.] 

30. County commissioners.] § 28. In counties not under 
township organization there shall be elected on Tuesday next 
after the first Monday of November, in the year of our Lord 
1873, three officers, who shall be styled “The Board of County 
Commissioners,” one of whom shall hold his office for one year, 
one for two years, and one for three years, to be determined by 
lot; and every year thereafter, one such officer shall be elected in 
each of said counties, for the term of three years. [See Const., 
Art. 10, § 6. 

ELECTION PRECINCTS. 

31. In counties under and not under township organization. 

32. Change of election precincts—Dividing precincts into districts— 

When county board fails to redivide, etc.—Polling places. 

33. Qualifications of judges. 

31. In counties under and not under township organization.] 

§ 29. In counties not under township organization, the election pre¬ 
cincts shall remain as now established until changed by the board of 
county commissioners, but said county board may, from time 
to time, change the boundaries of election precincts and estab¬ 
lish new ones. In counties under township organization each 
town shall constitute an election precinct. [As amended by Act 
approved June 22, 1885. In force July 1, 1885. 

32. Change of election precincts—Dividing precincts into 
districts—When county board fails to redivide, etc.—PoPing 
places.] § 30. The county board in each county shall, at its 
regular meeting in the month of June, or an adjourned meeting 
in the month of July, 1903, divide its election precincts which 
contain more than four hundred and fifty (450) voters, into elec¬ 
tion districts, so that each district shall contain, as nearly as 
may be practicable, four hundred (400) voters, and not more in 
any case than four hundred and fifty (450). Said district shall 
be composed of contiguous territory and in as compact form as 
can be for the convenience of the electors voting therein. The 



604 


ELECTIONS. 


[Div. IX. 


several county boards in establishing said districts shall de¬ 
scribe them by metes and bounds and number them. And so 
often thereafter as it shall appear by the number of votes cast 
at the general election held in November of any year, that any 
election district, or undivided election precinct, contains more 
than four hundred and fifty (450) voters, the county board of the 
county in which said district or precinct may be shall, at its regu¬ 
lar meeting in the month of June, or an adjourned meeting in 
the month of July next, after such November election, redivide 
or readjust such election district, or election precinct, so that no 
district or election precinct shall contain more than the number 
of voters above specified. If for any reason said county board shall 
fail in any year to redivide or readjust said election districts . or elec¬ 
tion precincts, then said districts or precincts as then existing shall 
continue until the next regular June meeting of said county board; 
at which regular June meeting or an adjourned meeting in the month 
of July, said county board shall redivide or readjust said election 
districts or election precincts in manner as herein required. And 
on or before the first day of September, 1903 , the county clerk in 
each county shall make a correct list of all election districts and 
election precincts into which the county is divided, designating each 
by its name or number, or name and number, as the case may be, 
and forward said list to the Secretary of State; and, thereafter, 
when at any meeting of the county board any redivision, readjust¬ 
ment or change in name or number of election districts or election 
precincts, is made, by the said county board, it shall be the duty of 
the county clerk to immediately notify the Secretary of State of 
such redivision, readjustment, or change. The county board in 
every case shall fix and establish the places for holding elections in its 
respective county and all general and special elections, town meeting 
elections or town elections, shall be held at the places so fixed. The 
said polling places shall in all cases be upon the ground floor, in 
the front room, the entrance to which is in a highway or public 
street which is at least forty feet wide, and is as near the center 
of the voting population of the district as is practicable, and for 
the convenience of the greatest number of electors to vote there¬ 
at, and in no case shall an election be held in any room used or 
occupied as a saloon, dramshop, bowling alley or as a place of 
resort for idlers and disreputable persons, billiard hall or in any 
room connected therewith by doors or hallways. No person shall 
be permitted to vote at any election except in the district in 
which he resides: Provided, that the county board may, if it 
deem it for the best interest of the voters of any town or pre¬ 
cinct, divide any election precinct which contains more than three 
hundred (300) legal voters, into two election precincts, said pre- 






Div. IX.] JUDGES OF ELECTION—HOW APPOINTED. 


605 


cincts to contain as near two hundred (200) voters as is possible: 
Provided, further, That it shall be the duty of the county board 
in each county where any State Soldiers’ and Sailors Home 
or Homes, or any National Home for disabled volunteer sol¬ 
diers are located, the inhabitants of which are entitled to vote, 
to fix and establish the place or places for holding such election 
or elections, at some convenient and comfortable place or places 
easy of access on the ground or grounds and within the enclos¬ 
ures where such State Soldiers’ and Sailors’ Home or Homes or 
National Home for disabled volunteer soldiers, are located. 
[Added by Act Approved May 15, 1903. In force July 1, 1903. 
Laws 1903, p. 172. 

33. Qualifications of judges.] § 31. That every person 
elected or chosen judge of election shall be of fair character, 
approved integrity, well informed, who can read, write and speak 
the English language, and has resided in the election district, 
in which he is to serve, for one year next preceding the election, 
and is entitled to vote therein at such election. [As amended by 
Act approved June 22, 1885. In force July 1, 1885. 

JUDGES AND CLERKS. 

34. Judges—How appointed in counties not under township organization. 

35. In counties under township organization. 

36. Notice of appointment. 

37. Term of office. 

38. Vacancies filled. 

39. Clerks of election. 

34. Judges—How appointed in counties not under town¬ 
ship organization.] § 32. In counties not under township or¬ 
ganization, the county board of commissioners shall at its regu¬ 
lar (or at a special) meeting in the month of June or July in 
each year, appoint in each election precinct or district, as the 
case may require (where judges have not been elected therein) 
three capable and discreet electors to be judges of election. No ' 
more than two persons of the same political party shall be ap¬ 
pointed judges of the same election district or undivided pre¬ 
cinct. The appointment shall be made in the following manner: 
The members of said county board of commissioners, who repre¬ 
sent the political party having the greatest number of votes, on 
said county board of commissioners, being less than the whole 
number, shall select (and the county board of commissioners 
shall appoint such selection when made) two persons who are 
legal voters, as judges of election" in each election precinct or 
district in said county, which gave in the preceding general elec¬ 
tion in said election precinct or district, the higher number of 





elections. 


[Div. IX. 


coo 


votes to said political party having the greatest number of 
votes upon said county board of commissioners, and shall also 
select one person, who is a legal voter, as judge of election in each 
of the other election precincts or districts in said county, which 
at the preceding general election, gave in said election precinct 
or district, the second higher number of votes to said political 
party having the greatest number of votes on said county board 
of commissioners. The member of the county board of com¬ 
missioners who represents the political party having the next 
highest number of votes upon said county board of commis¬ 
sioners shall have the power and authority to select (and the 
county board of commissioners shall appoint such selection when 
made) two persons who are legal voters, as judges of election 
in each election precinct or district, which at the preceding gen¬ 
eral election gave in said election precinct or district, the higher 
number of votes to said political party having the next highest 
number of votes upon said county board of commissioners, and 
said member of the county board of commissioners representing 
said political party having the next highest number of votes upon 
said county board of commissioners shall also select, and the 
county board of commissioners shall appoint the said selection, 
when made, one person, who is a legal voter, as judge of elec¬ 
tion in each of the other election precincts or districts in said 
county. In case the three members of the county board of com¬ 
missioners represent three different political parties, then in that 
case, the member of the county board of commissioners repre¬ 
senting the political party casting the highest number of votes 
at the preceding general election in any election precinct or dis¬ 
trict shall select the two judges of election to serve in such elec¬ 
tion precinct or district, and the member of the county board of 
commissioners who may represent the political party casting the 
next highest number of votes at the preceding general election 
in any election precinct or district, shall select the one judge of 
election to serve in such election precinct or district: Provided, 
that if any county board of commissioners shall be composed of 
members who belong to any one political party entirely, then in 
that case the chairman of the county central committee of the 
political party casting the highest or next highest number of 
votes at the last preceding general election in each election pre¬ 
cinct or district shall select the two judges of election, or the 
one judge of election, as the case may be, and the county board 
of commissioners shall appoint the said judge or judges of elec¬ 
tion so selected by the chairman of the above mentioned county 
central committee. Said election judges shall hold their office 





Div. IX.] JUDGES OF ELECTION-HOW APPOINTED. 


607 


for one year from their appointment, and until their successors 
are duly appointed in the manner heretofore provided. The 
said county board of commissioners shall fill all vacancies in 
said office of judge of election at any time in the manner hereto¬ 
fore provided. [As amended by Act approved May 18, 1905. 
In force July 1, 1905. Laws 1905, p. 202. 

35. In counties under township organization.] § 33. In 

counties under township organization, the county board shall, 
at its regular (or at a special) meeting in the month of June of 
each year, except when such judges and clerks are appointed by 
election commissioners, appoint in each election district or pre¬ 
cinct in the county, three capable and discreet electors to be 
judges of elections, and who shall possess the qualifications re¬ 
quired by this Act for such judges. No more than two persons 
of the same political party shall be appointed judges, in the same 
election district or undivided precinct. The town supervisor 
shall be appointed as one of such judges of election in the district 
or precinct in which he resides. The appointment of the remain¬ 
ing judges of election in the various election precincts and dis¬ 
tricts shall be made in the following manner: The members of 
the county board of supervisors belonging to the political party 
having the greatest number of votes upon said county board of 
supervisors shall select (and the county board shall appoint the 
selection so made) the majority of the election judges in each 
election district or precinct in each township in which said 
political party cast the highest number of votes at the preceding 
general election for Governor, and shall also select (and the 
county board shall appoint the selection so made) the minority 
judge of election in each election district or precinct in each 
township in which said political party cast the second highest 
number of votes for Governor at the preceding general election. 
The members of the county board of supervisors belonging to 
the political party having the second greatest number of votes 
upon said county board of supervisors shall select (and the 
county board shall appoint the selection so made) the majority 
of the election judges in each election district or precinct in each 
township in which said political party cast the highest number of 
votes at the preceding general election for Governor, and shall 
also select (and the county board shall appoint the selection so 
made) the minority election judge in the election district or 
precinct in each township in which said political party cast the 
second highest number of votes at the preceding general election 
for Governor: Provided, that if the county board of super¬ 
visors shall be composed of members who belong to any one 
political party entirely, then, in that case, the chairman of the 




608 


ELECTIONS. 


[Div. IX. 


county central committee of the other political party casting the 
next highest number of votes in said county at the preceding 
general election is hereby empowered and authorized to make 
the selection of the minority judge of election, who shall serve 
in each of the election districts or precincts in said county, and 
the members of the county board of supervisors are hereby di¬ 
rected to make the appointment of said minority judges of elec¬ 
tion for each election district or precinct as selected by the chair¬ 
man of the above mentioned county central committee. And 
provided, further, that where the county board shall be equally 
divided and two political parties shall be represented by an equal 
number of members, the selection and appointment of such 
judges of election shall be made as in the case where there is a 
majority of members on the county board belonging to one 
political party. The members representing the political party 
casting the highest number of votes in a township at the preced¬ 
ing election for Governor shall select the majority judges of elec¬ 
tion in said township, and the members representing the political 
party that cast the second highest number of votes at the preced¬ 
ing election for Governor in said township shall select the 
minority judges of election in said township, and the county 
board shall appoint the selection so made. And provided, further, 
that where a supervisor shall be elected in a township, said 
supervisor representing a political party that neither has the 
highest nor second highest number of votes for members on the 
said county board, the said supervisor shall be authorized and 
empowered to select a majority of the judges of election in the 
precincts or election districts in said township, such persons to 
represent the same political faith or belief as said supervisor, and 
the county board shall appoint the selection so made. The 
members of the county board representing the political party 
casting the second highest number of votes in said township at 
the preceding general election for Governor shall select the 
minority judges of election in said township and the county 
board shall appoint the selection so made. Such judges of elec¬ 
tion shall hold their office for one year from their appointment 
and until their successors are duly appointed in the manner here¬ 
inbefore provided. The said county board of supervisors shall 
fill all vacancies in said office of judges of election at any time, 
in the manner hereinbefore provided. [As amended by Act ap¬ 
proved May 18, 1905. In force July 1, 1905. Laws 1905, p. 202. 

36. Notice of appointment.] § 34. Immediately on the ap¬ 
pointment of such judges, the county clerk shall make out and 
deliver to the sheriff of the county a notice thereof, directed to 



Div. IX.J. OATH OF JUDGES AND CLERKS OF ELECTION. 609 


each person so appointed, and the sheriff shall, within twenty 
days after the receipt of such notices, deliver the same to the 
several judges so appointed. 

37. Term of office.] § 35. The judges so appointed shall 
be and continue judges of all general and special elections held 
within their respective precincts or districts, until other judges 
shall be appointed in like manner. 

38. Vacancies filled.] § 36. If, at the time for the opening 
of any election, any person appointed or constituted a judge of 
election shall not be present, or will not act or take the oath to 
act in such capacity, the judge or judges present may appoint 
some other qualified elector to act in his place. If there be no 
judge of election present, or he refuses to act, such electors of 
the precinct or district as may then be present at the place of 
election, may fill the places of such judges by election from their 
number. The judges so appointed shall have the same power 
and be subject to the same penalties as other judges of election. 

39. Clerks of election.] § 37. Each judge of election shall 
choose a person having the qualifications of a judge of election, 

• to act as clerk of election, who may continue to act as such dur¬ 
ing the pleasure of the judge making such appointment. [As 
amended by Act approved May 18, 1905. In force July 1, 1905. 
Laws 1905, p. 202. 

OATH OF JUDGES AND CLERKS OF ELECTION. 

40. Oath. 

41. By whom administered. 

40. Oath.] § 38. Previous to any vote being taken, the 
judges and clerks of the election shall severally subscribe and 
take an oath or affirmation, in the following form, to-wit: 

I do solemnly swear [or affirm, as the case may be] that I will support 
the constitution of the United States, and the constitution of the state of 
Illinois, and that I will faithfully discharge the duties of the office of judge 
of election [or clerk, as the case may be], according to the best of my ability, 
and that I have resided in this election district for one year next preceding 
this election, and am entitled to vote at this election. 

[As amended by Act approved June 22, 1885. In force July 
1, 1885. 

41. By whom administered.] § 39. In case there shall be 
no judge or justice of the peace present at the opening, of the 
election, or in case such judge or justice shall be appointed a 
judge or clerk of election, it shall be lawful for the judges of the 
election to administer the oath or affirmation to each other, and 
to the clerks of the election; and the person administering such 



610 


ELECTIONS. 


IDiv. IX. 


oath or affirmation, shall cause an entry thereof to be made and 
subscribed by him, and prefix to each poll book. 1 

BALLOT BOXES AND POLL BOOKS. 

42; Ballot boxes. 

43. Judges to keep ballot boxes, etc. 

44. Blanks, poll books, etc. 

42. Ballot boxes.]. §40. The county board shall provide 
a sufficient number of ballot boxes, with secure locks and keys, 
at the expense of the county, for the several precincts and dis¬ 
tricts. There shall be an opening in the lid of each box not 
larger than is sufficient to admit a single closed ballot to be in¬ 
serted therein at one time, through which each ballot voted shall 
be put into the box. 

43. Judges to keep ballot boxes, etc.] §41. The ballot 

boxes shall be delivered to and kept by the judges of election, 
and by them kept and delivered over to their successors. 

44. Blanks, poll books, etc.] § 42. The county clerk shall 
provide, at the expense of the county, proper blanks, poll books 
and other necessary election blanks for each precinct and district 
in his county, and cause a suitable number thereof to be deliv¬ 
ered to the judges of election, at least ten days before any elec¬ 
tion is to be held. 

CONSTABLES APPOINTED TO ATTEND ELECTIONS—ORDER. 

45. County board or judges may appoint. 

46. Special constable—Compensation of constables. 

47. Suppressing riots, etc.—Arrest. 

45. County board, or judges, may appoint.] § 43. The 

county board may appoint one or more constables to attend each 
place of holding elections, and preserve order during the election; 
if no constable is appointed by the county board to attend any 
place of holding election, or if others shall be necessary to pre¬ 
serve order, the judges of election may appoint one or more con¬ 
stables for that purpose. 

46. Special constable—Compensation of constables.] § 44. 

The judges of election may appoint any suitable person to act as 
a special constable during the election. Constables serving at 
such election shall be paid out of the county treasury, not ex¬ 
ceeding $2 per day for each day’s service. 

(D neglect of the judges or clerks of an election to take the prescribed 

oa th does not vitiate an election; neither does the irrregular administration of the 
oath have that effect. An oath irregularly administered—for example, upon a book 
other than the Bible—the parties administering and taking it supposing it to be a 
1S a val l d oath - Pe °P le v. Cook, 4 Seld. R., 67. See Taylor v. Taylor et al., 
10 Minn. R., 107. 





Div. IX.] 


NOTICE OF ELECTION. 


611 


47. Suppressing riot, etc.—Arrest.] §45. Any constable 

attending such election may call to his aid sufficient number of 
citizens to arrest any disorderly person or suppress any riot or 
disorder during the election. Whoever conducts himself in a 
riotous or disorderly manner at any election, and persists in such 
conduct after being warned to desist, may be arrested without 
warrant. 

NOTICE OF ELECTION. 

48. Manner of giving notice. 

49. Sheriff or supervisor to post. 

48. Manner of giving notice.] § 46. At least thirty days 
previous to any general election, and at least twenty days pre¬ 
vious to any special election, except in cases otherwise provided 
for, the county clerk, in counties not under township organiza¬ 
tion, shall make out and deliver to the sheriff of his county, or in 
counties under township organization to the several supervisors 
of his county, three notices thereof for each precinct or district 
in which the election in such county is to be held. The notice may 
be substantially as follows: * 1 

Notice is hereby given, that on [give the date], at [give the place of 
holding the election and the name of the precinct or district], in the county 
of [name of county], an election will be held for [give the title of the several 
offices to be filled], which election will be opened at seven o’clock in the 
morning and continued open until five o’clock in the afternoon of that day. 

Dated at -, this - day of -, in the year of our Lord one 

thousand nine hundred and -. , 

A. B., County Clerk . 

49. Sheriff or supervisor to post.] § 47. The said sheriff 
or supervisor to whom the notices are delivered, shall post up, 
in three of the most public places in each precinct or district, the 
three notices therefor at least fifteen days before the time of holding 
a general election, and at least eight days before the time of 
holding a special election. 2 

Where the judges and clerks of an election act under color of office, having 
been duly appointed, that is sufficient to constitute them officers de facto, and in such 
case it is immaterial, so far as the validity of their election returns are concerned, 
whether they were sworn at the election or not. The law, in such case, presumes 
them to have been well appointed and qualified. The People ex rel., etc., v. Hilliard, 
29 Ill. R., 423. 

If the officers of election fail to perform their duty, the law provides a penalty 
but the election is not necessarily rendered void. Taylor v. Taylor et al., 10 Minn., 
R., 107. 

(1) If an election be held, without necessity, at a different place from that 
designated by law, the entire poll must be rejected. Chadwick v. Melvin, Leading 
Cases on Elections (Brightley), 251. 

People ex rel. v. Waite, 70 Ill., 25; Council of Village of Glencoe v. People ex rel. 
78 Ill., 382. 

(2) A number of the sections under this caption have been modified in applica¬ 
tion by the Act of June 22, 1891, known as the “Australian election law,” and 
some of them repealed wholly or partly by reason of their inconsistency with that 
Act. Those in the latter category have been eliminated with references to the 
provisions that supersede them. See it 49, § 47. 









612 


ELECTIONS. 


[Djv. IX. 


CONDUCTING ELECTIONS—RETURNS. 

50. Time of opening and closing polls. 

51. Proclamation. 

52. Ballot box publicly exhibited, etc.—Locked—Key. 

53. Poll lists—how kept. 

54. Ballots. 

55. Form of ballot. 

56. Form of cumulative ballot. 

57. Manner of receiving and depositing ballot. 

58. No adjournment or recess. 

59. Clerks of election. 

60. Irregular ballots. 

61. Ballots strung and returned—When destroyed. 

'62. Examination of ballot in contested election. 

63. Form of ballot. 

64. Returns to be made to county clerk—canvass, etc.—Requirements as 

to lists forwarded to Secretary of State. 

65. Compensation of judges and clerks. 

66. Challengers. 

50. Time of opening and closing polls.] § 48. The polls 
shall be opened at the hour of seven o’clock in the morning and 
continued open until five o’clock in the afternoon of the same 
day at which time the polls shall be closed; but if the judges shall 
not attend at the hour of seven o’clock in the morning, or if it 
shall be necessary for the electors present to appoint judges to 
conduct the election, as hereinbefore prescribed, the polls may, 
in that case, be opened at any hour before the time for closing 
the same shall arrive, as the case may require. 2 [See j[ 197, § 34. 

(2) Although the law may direct that the polls shall be closed at a certain 
hour specified, and this question is in issue, unless it be made to appear that votes 
were cast after that hour, which would change the result, the fact that the polls 
were kept open after that hour would not render the election void. Piatt v. The 
People, 29 Ill. R., 72. 

It is held in New York that the provision as to the time of opening and closing 
the polls is directory; that, for instance, should the inspectors or judges, being misled 
by a defective time piece, close the polls a few minutes before a particular hour 
directed by the statute or receive a few votes after that hour, this will not render 
the election void. People v. Cook, 4 Seld. R., 92. 

A court of chancery has no power to prevent the holding of an election of 
officers, upon the alleged ground of a want of authority to hold such an election, 
the remedy therefor being complete at law by writ of quo warranto. The People 
ex rel. v. City of Galesburg, 43 Ill. R., 485. Walton et al. v. Develing et al., 61 
Ill. R., 201. 

While a court of chancery will not interfere to determine which of two persons 
has been elected to office, or try the rights of parties to hold an office, yet, in case 
of an election upon the question of the removal of a county seat, which is claimed to 
have resulted in favor of removal, it is alleged that such was not the result, by 
reason of the election being illegally held, or the vote not being a fair one, a court 
of chancery will entertain jurisdiction at the instance of those impeaching the 
election, to determine where the county seat is, although that inquiry may inci¬ 
dentally involve the question, whether the vote had been fairly taken, and if fraud 
had intervened therein to purge the polls. Boren v. Smith et al., 47 Ill. R., 482. 
Same doctrine held in The People ex rel. v. Wiant, 48 Ill. R., 263. 

As to the proper officers and the necessity thereof.—An election is not void 
although held by persons who are not officers de jure, if they are officers de facto, 
and act in good faith under color of authority. Where an election is required by 
law to be held and conducted the same as in general elections, which law requires 
three judges of election and two clerks, and the election is held by one acting in 
the capacity of a moderator of a town meeting, with but one clerk, it will be 
absolutely void and cannot form the basis on which any rights can be created or 
enforced. Lippincott et al. v. Town of Pana et al., 92 Ill., 24. 




Div. IX.] 


CONDUCTING ELECTIONS—RETURNS. 


613 


51. Proclamation.] § 49. Upon opening the polls one of 
the clerks or judges of election shall make proclamation of the 
same, and at least thirty minutes before the closing of the polls 
proclamation shall be made in like manner that the polls will be 
closed in half an hour. 1 

52. Ballot box publicly exhibited, etc.—Locked—Keys.] 

§ 50. Before any ballot shall be deposited in the ballot box, the 
ballot box shall be publicly opened and exhibited, and the judges 
and clerks shall see that no ballot is in such box; after which the 
box shall be locked and the key delivered to one of the judges, 
and shall not be again opened until the close of the polls. 

53. Poll lists—How kept.] § 51. Each clerk of the election 
shall keep a poll list, which shall contain a column headed “num¬ 
ber,” and another headed “names of voters.” The name of each 
elector voting shall be entered upon each of the poll books by 
the clerks, in regular succession, under the proper headings, and 
the number of such voter placed opposite his name in the column 
headed “number.” 2 

54. Ballots.] § 52. The manner of voting shall be by ballot. 
The ballot shall be printed or written, or partly printed and part¬ 
ly written, upon plain paper, with the name of each candidate 
voted for, and the title of the offices. When the ballot is printed, 
the same shall be printed upon plain paper, in plain type, in 
straight lines, with a blank space below each name, of a width 
not less than equal to the width of the line in which the name is 
printed. [See Const., Art. 7, § 2. 

55. Form of Ballot.] § 53. The names of all candidates for 
which the elector intends to vote shall be written or printed upon 
the same ballot, and the office to which he desires each to be 
elected shall be designated upon the ballot. [The Act of June 
22, 1891, amends this section and prescribes the form of ballot 
now required for elections. [See ]f 176 § 14. 

56. Form of cumulative baPot.] § 54. In voting for repre¬ 
sentatives to the General Assembly, if the voter intends to give 
more than one vote to any candidate, he shall express his inten- 

The township authorities have no power to establish their polling places when 
more than one is required. That can be done only by the county board. Williams 
v. Potter, 114 Ill., 628. 

Where an election held in a town was void, the legislature has no power under 
the Constitution, to pass a law making the same valid. Marshall et al. v. Silliman 
et al.. 61 Ill. R., 218. 

(’ll The usual form of proclamation of opening and closing the polls is as 
follows: 

Hear ye: hear ye: hear ye, the polls of this election are now open; or, the polls 
of this election will be closed in thirty minutes. 

(2) Neither a heading nor the signature of the inspectors or clerks were 
required to make the poll list admissible, to prove that a person voted. People v. 
Pease, 27 N. Y. (13 Smith) R., 45. 




614 


ELECTIONS. 


[Div. IX, 


tion on the face of the ballot, in words or figures, which may be 
done in either of the following forms: A B, C D, E F, which shall 
be held to mean one vote for each candidate named; or A B, l/ 2 
votes, CDl/ 2 votes; or A B 2 votes; C D 1 vote; or A B 3 votes. 
[This Act is amended and repealed by § 17 of the Act of June 22, 
1891, which prescribes how ballots for representatives in General 
Assembly, shall be counted. [See j[ 179, § 17, 180, § 2. 

57. Manner of receiving and depositing ballot.] § 55. The 
ballot shall be folded by the voter and delivered to one of the 
judges of election; and if the judges be satisfied that the person 
offering the vote is a legal voter, the clerks of election shall enter 
the name of the voter, and his number, under the proper heading 
in the poll books, and the judges shall indorse on the back of the 
ticket offered the number corresponding with the number of the 
voter on the poll books, and shall immediately put the ticket into 
the ballot box. [See If 185, §22, ff 186, §23—which amends this 
section. 

58. No adjournment or recess.] § 56. After the opening of 
the polls no adjournment shall be had, nor shall any recess be 
taken, until all the votes cast at such election shall have been 
counted and the result publicly announced. * 1 * * * 5 

59. Clerks of election.] § 57. Immediately upon closing the 
polls, the judges shall proceed to canvass the votes polled. They 


Inspectors or judges of elections are merely ministerial officers, and their action • 
can be reviewed by the courts. People v. Pease, 27 N. Y. (13 Smith) R., 45. 

Where the provisions of the election law have been entirely disregarded by the 
officers and their conduct has been such as to render their returns utterly unworthy 
of credit, the entire poll will be rejected. But even in such case, legal votes proved 
to have been actually polled, must be computed. Littlefield v. Green, 1 Legal News, 
330. See 1 Brewster (Penn.), 60. 

The name of the person for whom the elector intends to vote should be written 
in full upon his ballot. It is held in Michigan, under the like provisions as in the 
text, that a ballot for J. A. Dyer cannot be counted for James A. Dyer; that such a 
ballot does not contain the name of the person intended to be voted for, but merely 
the initial letters; and no evidence is admissible to show that such a ballot was 
intended for James A. Dyer. But when, however, the designation of an individual 
on a ballot is by an abbreviation sanctionsd by common usage, and universally 
understood, the ballot may be counted for the person for whom it was intended. 
Thus, a vote for Jas. A. Dyer may be counted for James A. Dyer. A slight error in 
the spelling of a name on a ballot, it is presumed would not prevent a ballot from 
being counted for the person for whom it was evidently intended. People v. Tisdale, 

1 Dougl. (Mich.) R., 50; People v. Higgins, 3 Mich. R., 233; Carpenter v. Ely, 4 

Wis. R., 420. 

Ballots cast for Michael Finegan, being of the same sound, it was held should 

have been counted for Michael Finnegan, the person intended. Finnegan v. Mayworm, 

5 Mich. R., 146. 

Under the law authorizing the election of two court commissioners, an election 
was held, but it was conducted, in all respects, as if only one was to be chosen; two 
persons were opposing candidates, and each elector voted for one of the two, but in 
no instance did a ballot contain more than one name for this office. It was held that 
only the one receiving the highest number of votes was chosen, and as to the other 
there was a failure to elect. People v. Commissioners of Kent Co., 11 Mich. R., 111. 

(1) Where the judges of an election took a recess of an hour for dinner, and 
it was not for any improper purpose and no fraud or wrong of any sort was com¬ 
mitted, this was held not sufficient grounds for rejecting the entire vote of the 
township. The Board of Supervisors v. The People ex rel., 65 Ill. R., 360. 





Div. IX.] 


CONDUCTING ELECTIONS—RETURNS. 


615 


shall first count the whole number of ballots in the box. If two 
or more ballots are folded together so as to appear to have been 
cast by the same person, all of the ballots so folded together shall 
be marked and returned with the other ballots in the same condi¬ 
tion, as near as may be, in which they were found when first 
opened, but shall not be counted. If the remaining ballots shall 
be found to exceed the number of names entered on each of the 
poll lists, they shall reject the ballots, if any be found upon which 
no number is marked; if the number of ballots still exceeds the 
number of names entered on each of the poll lists, said ballots 
shall be replaced in the box, and the box closed and well shaken 
and again opened and one of the judges shall publicly draw out 
and destroy so many ballots unopened as shall be equal to such 
excess; and the number of the ballots agreeing with the poll 
lists, or being made to agree, the board shall then proceed to 
count and estimate and publish the votes; and when the judges 
of the election shall open and read the tickets, each clerk shall 
carefully and correctly mark down upon the tally lists the votes 
each candidate has received, in a separate column prepared for 
that purpose, with the name of such candidate at the head of such 
column, and the office designated by the votes such candidate 
shall fill. 2 The votes shall be canvassed in the room or place 
where the election is held, and the judges shall not allow the bal¬ 
lot box, or any of the ballots, or either of the poll lists, or either 
of the tally papers to be removed or carried away from such room 
or place, until the canvass of the votes is completed, and the re¬ 
turns carefully enveloped and sealed up as provided by law. [As 
amended by Act approved June 22, 1885. In force July 1, 1885. 
The mode of canvassing the votes of elections is now conducted 
under the “Australian Ballot Act.” Law of June 22, 1891. See 
If 190, § 27, If 202, § 1. 

60. Irregular ballots.] § 58. If more persons are desig¬ 

nated for any office than there are candidates to be elected, or if 
more votes or parts of votes are designated on any ballot for 
representatives than the voter is entitled to cast, such part of 
the ticket shall not be counted for either of the candidates. [See 
“Australian Ballot Act,” Laws of June 22, 1891, 189, § 26. 

61. Ballots strung and returned—When destroyed.] § 59. 
All the ballots counted by the judges of election shall, after being 
read, be strung upon a strong thread or twine, in the order in 
which they have been read, and shall then be carefully enveloped 

(2) The ballots cast at an election are better evidence than the tally list made 
from them of the number of votes. People v. Holden, 28 Cal R., 123. 

Where one Joseph Talkington was a candidate for constable, and ballots were 
cast for “Talkington,” held that they should be counted for Joseph Talkington. 
Talkington v. Turner, 71 Ill. R., 235. 




616 


ELECTIONS. 


[Div. IX. 


and sealed up by the judges, who shall direct the same to the 
officer to whom by law they are required to return the poll books, 
and shall be delivered, together with the poll books, to such 
officer, who shall carefully preserve said ballots for six months, 
and at the expiration of that time shall destroy them by burning, 
without the package being previously opened: Provided, if any 
contest of election shall be pending at such time in which such 
ballots may be required as evidence, the same shall not be de¬ 
stroyed till such contest is finally determined. [See “Australian 
Ballot Act/’ law of June 22, 1891, j[ 190, § 27. 

62. Examination of Ballot in contested election.] § 60. In 
all cases of contested election, the parties contesting the.same 
shall have the right to have the said package of ballots opened, 
and said ballots referred to by witnesses for the purpose of such 
contest. But said ballot shall only be so examined and referred 
to in the presence of the officer having the custody thereof. [See 
“Australian Ballot Act,” Law June 22, 1891, ][ 190, § 27. 

63. Form of return.] § 61. When the votes shall have been 
examined and counted, the clerks shall set down in their poll 
books the name of every person voted for, written at full length, 
the office for which such person received such votes, and the 
number he did receive, the number being expressed in words at 
full length; such entry to be made, as nearly as circumstances 
will admit, in the following form, to-wit: 

At an election held at -, in the county of -, and State of 

Illinois, on the-day of-, in the year of our Lord one thousand nine 

hundred and -, the following named persons received the number of 

votes annexed to their respective names, for the following described offices, 
to-wit: [name of candidate] and [number of votes] for [title of office], 
[and in the same manner for any other person voted for]. Certified by us, 

A. B.,] 

C. D., [ Judges of election. 

E. F.,J 

Attest. G. jH., \ d er ] cs 0 j election. 

64. Returns to be made to county clerk, etc.—Canvass, etc. 
—Requirements as to lists forwarded to Secretary of State.] § 62. 

One of the lists of voters, with such certificate written thereon, 
and one of the tally papers footed up so as to show the correct 
number of votes cast for each person voted for, shall be carefully 
enveloped and sealed up, and put into the hands of one of the 
judges of election, who shall, within twenty-four hours thereafter, 
deliver the same to the county clerk, or his deputy, at the office 
of said county clerk, who shall safely keep the same. Another of 
the lists of voters, with such certificate written thereon, and 







Div. IX.] 


CONDUCTING ELECTIONS—RETURNS. 


617 


another of the tally papers footed up as aforesaid, shall be care¬ 
fully enveloped and sealed up and duly directed to the secretary 
of State, and, by another of the judges of election, deposited in 
the nearest postoffice within six hours after the completion of the 
canvass of the votes cast at such election, which poll book and 
tally list shall be filed and kept by the secretary of State for one year, 
and certified copies thereof shall be evidence in all courts, proceed¬ 
ings and election contests. Another of the lists of voters, with such 
certificates written thereon, and another of the tally papers footed 
up as aforesaid, shall be carefully enveloped and sealed up and 
delivered by the third one of the judges, without delay, in coun¬ 
ties under township organization, to the town clerk of the town 
in which the district may be; and in counties not under township 
organization, they shall be retained by one of the judges of elec¬ 
tion, and safely kept by said town clerk or judge, for the use and 
inspection of the voters of such district until the next general 
election. Before said returns are sealed up, as aforesaid, the 
judges shall compare said tally papers, footings and certificates 
and see that they are correct and duplicates of each other, and 
certify to the correctness of the same: Provided, that the lists of 
voters and tally papers required by this Act to be forwarded to the 
secretary of State, shall be transmitted in envelopes furnished to 
the various county clerks by the secretary of State for that purpose. 
Said envelopes shall bear the name and address of the secretary of 
State, printed in plain legible type, together with a blank form 
printed in convenient shape for designating the county and voting 
precinct or district where it is to be used, and also the zvords (( poll 
book and tally list only ” and the date of the election for which they 
are to be used. Said envelopes, printed as aforesaid, shall be for¬ 
warded by the secretary of State to the various county clerks, in the 
same manner in which registration books are now sent, and in 
ample time for each general election. And it shall be the duty of 
the county clerk of each county, upon receipt of said envelopes to 
properly fill out the blank form on one copy of same for each voting 
precinct or district in his county, according to the list of precincts 
forwarded by him in pursuance of law, to the office of the secretary 
of State. Said county clerks shall attach to each of said envelopes, 
sufficient stamps to fully prepay the postage on the list of voters and 
tally paper which it is to contain. Said envelopes, properly filled 
out and stamped as aforesaid, shall be distributed by the various 
county clerks to the election officers entitled to. receive them, to- 
frether with their regular quota of other election supplies [As 
amended by by Act approved May 15, 1903. In force Jnly 1, 1903. 
Laws 1903, p. 175. 



618 


ELECTIONS. 


[Div. IX. 


65. Compensation of judges and clerks.] § 63. All judges 
and clerks of election, in counties of the first and second class 
shall be allowed the sum of three ($3) dollars per day for their 
services, and judges and clerks of elections in counties of the 
third class the sum of five ($5) dollars each per day for their 
services. [As amended by Act approved June 24, 1895. In force 
July 1, 1895. Laws 1895, p. 173. 

66. Challengers.] §64. The judges of election shall allow 
at least one, and not more than two legal voters of each party to 
the contest, to be chosen by the parties respectively, into the 
room where the election is held, to act as challengers of voters at 
such election; and such challengers may remain with the board 
of election until the votes are all canvassed and the result de¬ 
clared. 

QUALIFICATION OF VOTERS. 

67. Who may vote. 

68. Residence. 

69. When inmates of Poor-houses, Asylums, etc., may vote. 

70. Inmates of Soldiers’ and Sailors’ Homes. 

71. Affidavit of qualification. 

72. Affidavit of witness. 

73. Who may administer oath. 

74. Convicts—disqualification. 

67. Who may vote.] § 65. Every person having resided in 
this State one year, in the county ninety days, and in the elec¬ 
tion district thirty days next preceding any election therein, who 
was an elector in this State on the first day of April, in the year 
of our Lord, 1848, or obtained a certificate of naturalization be¬ 
fore any court of record in this State prior to the first day of 
January, in the year of our Lord, 1870, or who shall be a male 
citizen of the United States, above the age of twenty-one years, 
shall be entitled to vote at such election. 1 


(1) Each State has the undoubted right to prescribe the qualifications of its 
own voters in the absence of some provision to that effect, the Act of naturalization 
would not of itself confer on the person naturalized the right to exercise the elective 
franchise. The qualification of a voter at a Congressional election depends on the 
law of the State in which the elective franchise is exercised, and is dependent on 
the municipal regulations of the State. Spragins v. Houghton, 2 Scan. R., 395. 
Former decisions to the foregoing effect, must of course be taken subject to the 
provisions of the fifteenth amendment to the Constitution of the United States. 

Unless the legislature shall make citizenship an indispensable qualification to the 
enjoyment of the elective franchise, and the Constitution clearly admits of the 
exercise of that power by that body, the supreme court cannot add such a prerequi¬ 
site by construction. Spragins v. Houghton, 2 Scam. R., 409. 

The undergraduates of a college, who are free from parental control, and regard 
the place where the college is situated as their; home, having no other home to 
return to in case of sickness or domestic affliction, are as much entitled to vote 
as any other resident of the town pursuing his usual avocation. It is pro hac vice, 
the home of such students. Their permanent abode, in the sense of the statute. 
Dale v. Irwin, 78 Ill. R., 170. 





Div. IX.] 


QUALIFICATIONS OF VOTERS. 


619 


68. Residence.] § 66. A permanent abode is necessary to 
constitute a residence within the meaning of the preceding sec¬ 
tion. 1 


Wilkins v. Marshall, 80 Ill., 74; Dale v. Irwin, 78 Ill., 170; City of Beardstown 
v. City of Virginia, 76 Ill., 34; Melvin et al. v. Lisenby et al., 72 Ill., 63. 

The question whether the person offering to vote is a naturalized foreigner 
or an inhabitant, and entitled to vote, the judges of election have no right to 
investigate, under the existing laws. If such person takes the oath prescribed in 
the law, the duty is imperative upon the judges to receive his vote unless the oath 
is proved to be false. Spragins v. Houghton, 2 Scam. R., 416. If, however, the 
judge should of his own knowledge know the oath to be false, he would not be liable 
to the penalty under the law should he refuse to receive the vote for that reason. 
Mills et al. v. McCabe, 44 Ill. R., 194. 


(1) The “permanent abode” prescribed by the statutes as the criterion of the 
residence required to constitute a legal voter, means nothing more than a domicil, 
a home, which the party is at liberty to leave as interest or whom may dictate, but 
without any present intention to change it. Dale v. Irwin, 78 Ill. R., 170. 


The term inhabitant is derived from the Latin habito, and signifies live in, to 
dwell in; and is applied exclusively to one who lives in a place, and has there a fixed 
and legal settlement. The residence, however, is to be bona fide, and not casual 
or temporal. Spragins v. Houghton, 2 Scam. R., 396. 

The residence is a question of intention from all the facts and circumstances 
In each case. Kitchell v. Burgwin et ux., 21 Ill. R., 44; Ives v. Mills, 37 Ill. R., 75; 
Waltus v. The People, 21 Ill. R., 174, 178. 

Residence and habitancy are generally synonymous. A residence is different 
from a domicil, although it is a matter of great importance to determine the place 
of domicil. Residence indicates permanency of occupation, as distinct from loaging, 
or boarding, or temporary occupation, but does not include so much a.s domicil, which 
requires an intention continued with residence. Bouv. Law Diet., “Residence. 

A domicil may be defined “ a residence at a particular place, accompanied with 
positive or presumptive proof of continuing it an unlimited time,” and is a con¬ 
clusion of law on an extended view of facts and circumstances. Grier v. o JJaniei, 
1 Binn. R., 352. 

A resident is a person coming into a place with an intention to establish his 
domicil or permanent residence, and actually executing that intention by taking a 
home or lodging, opening a store or the like. United States v. The Penelope, 2 
Peters Adm. R., Dec. 450. 


Residence is a question of intention. By a removal out of the State without 
an intention permanently to reside elsewhere, a person will not lose his residence, 
nor will he acquire one by a mere intention to remove permanently, not followed ny 
actual removal. The fact of voting at a particular place is very strong evidence or 
the voter’s intention to claim a domicil at the place of voting. McCrary s ^lectio 
Laws, § 34. Casey’s Case, 1 Ash. R., 126. But a person having a permanent noime 
in one town within the State, and being a legal voter in such town, is not J 

disqualified by a temporary absence in another town, and being there admitt 
vote. Lincoln v. Hapgood, 11 Mass. R., 350. McCrary’s Election Laws, s 34. 


To effect a change of domicil there must be intention and act united. 2 Rent 
Com., 43; Crawford v. Wilson, 4 Barb. R.. 504. It is not enough that one intends 
to change it, and believes he has done in law what amounts to a change. l ne 
intent and fact must concur, and his opinion cannot produce the result. Chaine 
v. Wilson, 8 Abbott’s Pr., 78; Smith v. People ex rel., 44 Ill. R., 22. 

If a person goes out of a State, county or town, for a particular purpose, and 
does not take up a permanent residence elsewhere, he cannot be considered as having 
removed from the State, county or town, so as to affect his domicil and inhabitancy. 
Sears v. City of Boston, 1 Mete. R., 250; Sacket’s Case, 1 Mass. R., 58; Abington v. 
Boston, 4 Mass. R., 312. 

The temporary absence of a person or his family though extending over a series 
of years, does not necessarily, without regard to his intentions, make him lose his 
residence or deprive him of his rights as an elector. Harbaugh v. Cicott, 33 Mich. 
R., 241. 

A man's domicil is not changed hy an absence for a temporary purpose, with 
or without his family. Cadwalader v. Howell, 3 Harr. R., 138; State v. Judge, 13 
Al R., 805. 

A person's home or domicil Is his habitation fixed in any place, without any 
present intention of removing therefrom. Putnam v. Johnson, 10 Mass. R., 488. 

A domicil once fixed will continue notwithstanding the absence of the party, 
until a new domicil is acquired. Jennison v. Hapgood, 10 Pick. R., 77. 

A domicil once acquired is presumed to continue until a new one is obtaine , n 
fact and by intention. Glover v. Glover, 18 Ala. R., 365. 

Unless one’s change of domicil is complete and final, it does not 
abandonment of one’s country. Hardy v. DeLeon, 6 Texas R., 211; Brown v. 

11 Eng. Law and Eq., 6; Leech v. Pillsbury, 15 N. Hamp. R., 137. 




620 


ELECTIONS. 


[Div. IX. 


69. When inmates of poor houses, asylums, etc., may vote.] 

§ 1. Be it enacted by the People of the State of Illinois, repre¬ 
sented in the General Assembly: That no pauper or inmate of 
any county poor house, insane asylum or hospital in this State, 
shall by virtue of his abode at such county poor house, insane 
asylum or hospital he deemed a resident or legal voter in the 
town, city, village or election district or precinct in which such 
poor house, insane asylum or hospital may * be situated; but 
every such person shall be deemed a resident of the town, city, 
village of election district or precinct in which he resided next 
prior to becoming an inmate of such county poor-house, insane 
asylum or hospital. * 1 

70. Inmates of Soldiers’ and Sailors’ homes.] § 1. Be it 

enacted by the People of the State of Illinois, represented in the 
General Assembly: That every honorably discharged soldier or 
sailor who shall have been an inmate of any soldiers’ and sailors’ 
home within the State of Illinois for ninety days or longer, and 
who shall have been a citizen of the United States and resided in 
this State one year, in the county where any such home is located 
ninety days, and in the election district thirty days next preced¬ 
ing any election shall be entitled to vote in the election district 
in which any such soldiers’ and sailors’ home in which he is an 
inmate thereof as aforesaid, is located, for all officers that now. 
are or hereafter may be elected by the people, and upon all ques¬ 
tions that may be submitted to the vote of the people: Provided, 
that he shall declare upon oath, if required so to do by any officer 
of election in said district, that it was his bona fide intention at 
the time he entered said home to become a resident thereof. 
[See ante 32, § 30. 

71. Affidavit of qualification.] § 67. Whenever, at any 
general or special election, in any precinct, district, city, village, 
town or ward, any person offering to vote is not personally 
known to the judges of election to have the qualifications men¬ 
tioned in the two preceding sections, if his vote is challenged by 
a legal voter at such election, he shall make and subscribe an 
affidavit in the following form, which shall be retained by the 


Every person has a domicil of origin, which he retains until he acquires another, 
and the one thus acquired is in like manner retained. Thorndike v. City of Boston, 

1 Mete. R., 242; Kilburn v. Bennett, 3 Mete. R., 199. 

A person having a legal settlement in one place, that settlement continues until 
another is acquired in the State. A settlement in another State or county will not 
change that acquired in this State, if he returns to it. Payne v. Town of Dunham, 
29 Ill. R., 129. 

(1) An Act to prevent illegal voting by paupers and others in this State. 
Approved May 25, 1877. In force July 1, 1877. Laws 1877, p. 144. 

A party does not forfeit his residence in a precinct in which he was a voter 
merely by becoming a county charge and an inmate of the poor-house. Dale v. 
Irwin, 7S Ill. R., 170. 




Div. IX.] QUALIFICATIONS OF VOTERS. 621 


judges of election, and returned by them with the poll books: 

State of Illinois, 1 

County of —-, S SS ' 

I,-, do solemnly swear [or affirm] that I am a citizen of the United 

States, [or, “that I was an elector on the first day of April, A. D. 1848," 
or, “that I obtained a certificate of naturalization before a court of record 
in this State prior to the first day of January, A. D. 1870,” as the case may 
be], that I have resided in this State one year, in this county ninety days, 
and in this election district thirty days next preceding this election; that 
I now reside at [here give the particular house or place of residence, and 
if in a town or city, the street and number ], in this election district; that 
I am twenty-one years of age, and have not voted at this election; so help 
me God, [or, “this I do solemnly and sincerely affirm,” as the case may be]. 

Subscribed and sworn to before me, this-day of-, A. D. 19—. 


72. Affidavit of witness.] § 68. In addition to such an affi¬ 
davit the person so challenged shall produce a witness, personally 
known to the judges of election, and resident in the precinct (or 
district), or who shall be proved by some legal voter of such 
precinct or district, known to the judges to be such, who shall 
take the oath following, viz: 

I do solemnly swear [or affirm] that I am a resident of this election pre¬ 
cinct [or district,] and entitled to vote at this election, and that I have 
been a resident of this State for one year last passed, and am well acquainted 
with the person whose vote is now offered; that he is an actual and bona 
fide resident of this election precinct [or district], and has resided herein 
thirty days, and, as I verily believe, in this county ninety days, and in 
this state one year next preceding this election. 

[As amended by Act approved May 24, 1877. In force July 
1, 1877, Laws 1877, p. 100. 

73. Who may administer oath.] § 69. The oath in each 
case, may be administered by either of the judges of election, or 
by any officer, resident in the precinct or district, authorized by 
law to administer oaths. 

74. Convicts—Disqualifications.] § 70. No person who has 
been legally convicted of any crime, the punishment of which is 
confinement in the penitentiary, or who shall be convicted and 
sentenced under Section Eighty-three of this Act shall be permitted 
to vote at any election, unless he shall be restored to the right to vote 
by pardon, or by the expiration of the term of his disfranchisement 
under Section Eighty-three of this Act. [As amended by Act ap¬ 
proved June 17, 1887. In force July 1, .1887. Laws 1887, p. 173. 

CANVASSING VOTES— CERTIFICATE OF ELECTION. 

75. Canvassing votes—abstracts. 

76. Certificates of election. 

77. Tie vote. 

78. Drawing lot—certificates. 

79. Compensation of judges and clerks. 








622 


ELECTIONS. 


[Div.IX. 


80 . Abstracts sent to secretary of state. 

81 . How abstracts sent. 

82 . Canvass by secretary of state, etc.—Commision, etc.,—Proclamation. 

75. Canvassing votes—Abstracts.] § 71. Within seven days 
after the close of the election, the county clerks of the respective 
counties, with the assistance of two justices of the peace of the 
county, shall open the returns and make abstracts of the votes in 
the following manner, as the case may require: 

Of votes for Governor and Lieutenant Governor, on one 
sheet; of votes for State officers, on another sheet; of votes for 
Presidential Electors, on another sheet; of votes for United States 
Senators and Representatives to Congress, on another sheet; of 
votes for Judges of the Supreme Court, on another sheet; of votes 
for Clerk of the Supreme Court, on another sheet; of votes for 
Judges of the Circuit Court, on another sheet; of votes for Sena¬ 
tors and Representatives to the General Assembly, on another 
sheet; of votes for Members of the State Board of Equalization, 
on another sheet; of votes for Trustees of the University of Illi¬ 
nois, on another sheet; of votes for Amendments to the Constitu¬ 
tion, and for other propositions submitted to the electors of the 
entire State, on another sheet; of votes for county officers and 
for propositions submitted to the electors of the county only, on 
another sheet. The foregoing abstracts shall be preserved by the 
county clerk in his office. [As amended by Act approved June 
25, 1913. In force July 1, 1913. Laws 1913, p. 308. 


When the vote of an election district is rejected by the county canvassers, 
because no poll-list with the oath of the judges of election accompanied the state¬ 
ment of voters made up and returned to the proper officers, the statement being 
regular in all other respects, and delivered by and to the proper officers within the 
time prescribed by law, the testimony of the town clerk, in a proceeding testing the 
regularity of the election, is competent to show by the records kept in his office, 
that the election was regularly notified and conducted, and that the votes were 
ascertained and canvassed according to law, and also to show the number of votes 
cast for the different candidates. The chairman of the town board, whose vote is 
rejected for the above reasons, is a proper witness to show that he acted as one of 
the judges of election, that the judges w r ere duly sworn before the polls were 
opened, and that the election was conducted according to the statute. Attorney 
General ex rel. Carpenter v. Ely, 1 Wis. R., 420. 

Although the person who received the greatest number of votes for a particular 
office is ineligible to that office, such votes are not thereby a nullity, but should 
be counted by the canvassers; and the person who received a less number of votes 
in such case, although eligible, cannot be regarded as elected. Dunning ex rel., etc., 
v. Giles, 1 Chand. (Wis.) R„ 112. Off ex rel., etc., x. Smith, 14 Wis. R., 497. 

The county canvassers have no power not expressly given them by law. They 
must perform their duties precisely as prescribed by the statute, and can not go 
beyond it. And this relates to State and town canvassers. Bresnford ex rel., etc., v. 
Bruston, 4 Wis. R., 567. Canvassers are mere ministerial officers; it is their duty 
simply to cast up the votes and determine the result; they have no judicial power. 
State v. Seers, 44 Mo. R., 223. 

Dickey et al v. Reed et al., 78 Ill., 261; Talkington v. Turner, 71 Ill., 234. 

Notwithstanding the judges and clerks of elections may not be sworn, and no list 
of electors is kept, as required by law, and other irregularities have occurred, it is 
the duty of the county board to canvass the returns, and their certificate is prima 
facie evidence of the result of the election. Taylor v. Taylor et al., 10 Minn. R., 107. 

The determination, by the canvassers, of the right of the person elected, is not 
conclusive, but merely prima facie evidence of that person’s right to the office, and 
may be overcome by the party who denies such right. Territory v. Pyle, 1 Oregon 
R., 149, 






Div. IX.] 


CERTIFICATE OF ELECTION. 


623 


76. Certificates of election.] § 72. The county clerk shall 
make out a certificate of election to each of the persons having 
the highest number of votes, for the several county offices, and 
deliver such certificate to the person entitled to it, on his appli¬ 
cation. 1 


Where no contest is entered, the county canvassers can only declare the result 
of the election, as shown by the certificate and returns of the judges of the election. 
They do not pass upon the qualification of voters, nor decide what ballots shall be 
counted. The people ex rel., etc., v. Kilduff, 15 Ill. R., 492. Indeed it is held, in 
a later case, that the office of canvasser is merely ministerial, and, as such, will be 
controlled by the courts; that these officers are clothed with no discretionary powers. 
They are to open the returns, make abstracts of the votes as they appear, and the 
clerk is to deliver a certificate of election to each person having the highest number 
of votes. They are not allowed to reject any returns, or decide upon their validity, 
if on their face, they are made in compliance with the law. The People ex rel., etc., 
v. Hilliard, 29 Ill. R., 423; People v. Vancleve, 1 Mich. R., 362. A different rule 
obtains in Wisconsin under a statute admitting of a different construction. Attorney 
General ex rel. Carpenter v. Ely, 4 Wis. R., 420. 


The justices of the peace, as members of the canvassing board, possess equal 
power with the county clerk. After the board adjourn their power is at an end, 
and they can not be again called together; and no amendment of their proceedings 
can be made. Opinion Att’y Gen’l Cole (Minn.), vol. 1, p. 145. 

When the board of canvassers have legally canvassed the returns of election, and 
declared the result, their power over the subject is exhausted, and they can not 
afterward reverse their decision by making a different determination. Headly v. 
Albany, 33 N. Y. R., 603. 

Where an informality occurs in making election returns, it may no doubt be 
corrected by the canvassers, and should not be allowed to operate to disfranchise 
the voters. The People ex rel., etc., v. Hilliard, 29 Ill. R., 414. 

In an information in the nature of a quo warranto to test the fact of election 
between the parties claiming the same, the court is bound to rectify mistakes and 
omissions of the canvassing boards. Attorney General ex rel. Carpenter v. Ely, 

4 Wis. R., 420. 

The legality of an election does not depend upon the fact of the 
the board of election, or that of the canvassers, if withheld or not made, through 
illegal causes, the office will vest; the authority, rights and powersof offi.cers are 
derived from the election, and not from the returns. The People ex rel., etc., v. 
Kilduff, 15 Ill. R., 492. 

The accidental loss of ballots, and affidavits made at the election in a P a ^" lar 
precinct, affords no ground for rejecting the entire return from such precinct. 
Beardstown v. Virginia, 76 Ill. R., 35. 

Where the signature of the officers who administered the oaths oJ^wSs^eje cted 
jurats of a poll book did not appear, and for that reason the P°i JJJ** 1 -eje.cted 

v, v ranvfl<?sers and a certificate given to the opposite party, the rejection oi t 

by tne canvassers ana a ceruutdi.e s ... th writ Q f mandamus was the 

poll book causing a change in the result. tri n f the certificate 

only remedy of the defeated party to compel the T^e'Tjf ^le ex rel etc v! 
of election, as the prima facie evidence of his election. The people ex rei., etc., v. 

Hilliard, 29 Ill. R., 413. 

A court of chancery has no power to restrain, by2|^?7'5 5 'under^which the 
vassers from canvassing the returns of an eiection wh guch powe r, and when 

election was held, neither in terms or by implication -judicial cognizance and 

there are no facts before the court which require it to 261 

hear and adjudicate and decree. Dickey et al. v. Reid, 78 Ill. R.. 

(1) The duties of the county clerk in receiving and ^f^ectUm. are 

In canvassing and estimating the votes. and r ^ * n L rq are conferred upon him 
purely ministerial, and no judicial ° r . dl ^ re ATJ T aeterminfng whether the returns 
or the board of canvassers, except perhaps, that. of determi * g returns themselves 
are genuine, or polled at proper P ,ac es. a nd ascertaining colbv 2 Minn. R., 180. 
for whom the votes were intended. O Farrell & Bryant v. C y, 

The duty of the clerk in issuing a certificate of grln"t!d to 

highest number of votes is purely ministerial, and a mandamus 
compel him to Issue such certificate. State v. Lawrence, 3 Kan. R.. 95. 

aslde'by ^contest in tlTtTn,'’ VSS5S^°|' *«. ‘^etVma'n’ v“ Supervisors et a,.. 

19 ’wiL ^"tLVSon-al SS&Xi 

and* annouimed^t 0 ^j C , u ^ie '^°Warrei^'l C *Houston°TDel. S ) R?, d 39. ann °* 

afterward be reconsidered or varied. State v. warren, 1 nuu 




0)24 


ELECTIONS. 


[Div. IX. 


77. Tie vote.] § 73. When two or more persons receive an 
equal and the highest number of votes for an office to be filled 
by the county alone, the county clerk shall issue a notice to such 
persons of such tie vote, and require them to appear at his office, 
on a day named in the notice, within ten days from the day of 
election, and determine by lot which of them is to be declared 


elected. 


78. Drawing lots—Certificates.] § 74. On the day ap¬ 
pointed the clerk and other canvassers, or, in case of their ab¬ 
sence, the State’s attorney or sheriff, shall attend, and the par- 



is to be declared elected ; and the clerk shall issue his certificate 
of election to the person thus declared elected. 

79. Compensation of judges and clerks.] § 75. It shall be 
the duty of the county clerk, on the receipt of the election re¬ 
turns of any general or special election, to make out his cer¬ 
tificate, stating the compensation to which the judges and clerks 
of each election may be entitled for their services, and lay the 
same before the county board at its next session ; and said board 
shall order the compensation aforesaid to be paid out of the 
county treasury. [See 65, §63. 

In a proceeding by quo warranto to try the right to an office elective by the 
people, it is competent to go behind the certificate to ascertain the decisive fact of 
who received the most legal votes. (Denio, C. J., and Wright and Marvin, justices, 
dissenting.) People v. Pease, 27 N. Y. (13 Smith) R., 45. 

The supreme court has no power to decide upon the right of a party to hold 
a seat in the legislature, but it may compel the proper officers to give the proper 
credentials to enable the party to assert his claim before the proper authority. The 
award of a certificate to either candidate under the mandate of the court will not 
determine his election. O’Parrell & Bryant v. Colby, 2 Minn. R., 180; The People 
ex rel. v. Hilliard, 29 Ill. R., 413. 

Mandamus lies to compel the clerk to make out and deliver the certificate of 
election. People ex rel. v. Hilliard, 29 Ill. R., 413. And to compel the announcement 
of the result of the canvass. People ex rel. v. Salomon, 46 Ill. R., 415. 

The right to an office dependent on an election by the people, is to be determined 
by the number of legal votes received at the election, and not by the certificate of 
election, nor by the governor’s commission. Ex-parte Reed, 50 Ala. R., 439. 

The decision of the canvassers of an election affords prima facie evidence of the 
legal election of the person found to have received a plurality of the votes cast, and 
unless his title to the office is contested in some mode known to the law, he will be 
entitled to the office for the term for which he was elected. People ex rel. Evans 
v. Callaghan, 83 Ill. R., 128. 

Our institutions rest upon the principle that the controlling power is vested in the 
majority; and in the absence of any provision of law to the contrary, the will of 
any corporation or other community is properly declared only by the voice of the 
majority. State v. Fagan, 42 Conn. R., 33. 

A person elected to a county office, although he receives no official notice of his 
election, must qualify within the time prescribed by law. The neglect or refusal of 
the county clerk to make out his certificate of election, in compliance with the 
statute, will not impair his title to the office. Spooner ex rel. v Elderkin, 5 Wis. 
R., 300. 

Officers elected on the proper day, refusing to qualify, become officers de facto, 
and their acts are valid as to third persons, and can only be inquired into directly, 
not collaterally. Coles County v. Allison, 23 Ill. R., 437. See People v. Collins, 
7 Johns. R., 549; People v. Runkle, 9 Johns. R., 147. 

Mandamus is the proper remedy against any officer to obtain possession of seals, 
books, papers, muniments, or other property belonging to corporations. The People 
ex rel. Brewster & Jones v. Kilduff, 15 Ill. R., 502. 





Div. IX.] 


CERTIFICATE OF ELECTION. 


625 


80. Abstract sent to Secretary of State.] § 76. Immediately 

after the completion of the abstracts of votes, the county clerk 
shall make two correct copies of the abstracts of votes for 
Governor, Lieutenant Governor, Secretary of State, Auditor of 
Public Accounts, Treasurer, Attorney General and Superin¬ 
tendent of Public Instruction, both of which said copies he shall 
envelope and seal up, and endorse upon the envelopes in sub¬ 
stance, “Abstracts of votes for State Officers from- 

county”; and he shall address one of the envelopes containing 
said copies of abstracts of votes for State Officers to “the 
Speaker of the House of Representatives,” and the other he shall 
address to “the Secretary of State.” The county clerk shall, at 
the same time, envelope and seal up a copy of each of the ab¬ 
stracts of votes for other officers and amendments to the Con¬ 
stitution and other propositions voted on, and indorse the same 
so as to show the contents of the package, and address the same 
to the Secretary of State. The several packages shall then be 
placed in one envelope and addressed to the Secretary of State. 
[As amended bv Act approved April 24, 1899. In force July 1, 
1899. Laws 1899, p. 208. 

81. How abstracts sent.] § 77. Such abstracts shall be 
transmitted to the Secretary of State by mail, or, in case it shall 
be necessary, by special messenger. 

82. Canvass by Secretary of State, etc.—Commission, etc.— 
Proclamation.] § 78. The Secretary of State, Auditor, Treas¬ 
urer, and Attorney General, or any two of them in the presence 
of the Governor shall proceed within twenty days after the elec¬ 
tion, and sooner if all the returns are received, to canvass the 
votes given for United States Senators and Representatives to 
Congress, Judges of the Supreme Court, Clerk of the Supreme 
Court, Judges of the Circuit Court, Senators, Representatives to 
the General Assembly, Members of the State Board of Equaliza¬ 
tion and Trustees of the University of Illinois, respectively, and 
the persons having the highest number of votes for the respective 
offices, shall be declared duly elected; but if it appears that more 
than the number of persons to be elected have the highest and an 
equal number of votes for the same office, the Secretary of State, 
in the presence of the other officers and the Governor, shall decide 
by lot which of such persons shall be elected; and to each person 
duly elected, the Governor shall give a certificate of election or 
commission, as the case may require, and shall cause proclama¬ 
tion to be made of the result of the canvass, and they shall at the 
same time and in the same manner, canvass the vote cast upon 
amendments to the Constitution, and upon other propositions 






626 


ELECTIONS. 


[Div. IX. 


submitted to the electors of the entire State; and the Gover¬ 
nor shall cause to be made such proclamation of the result of 
the canvass as the statutes elsewhere provide. [As amended by 
Act approved June 25, 1913. In force July 1, 1913. Laws 1913, 
p. 308. 

OFFENSES AND PENALTIES. 

83. Liquor. 

84. False swearing. 

85. Illegal voting. 

86. Other offenses. 

(1) Abetting illegal voting. 

(2) Deceiving voter. 

(3) Fraudulently changing ballot. 

(4) Unlawfully influencing voter. 

(5) Offering to bribe voter, etc. 

(6) Bribing voter. 

(7) Bribing, etc., judge or clerk. 

87. Receiving, requesting, etc., bribe, etc.—upon second offense. 

88. Disorderly conduct. 

89. Betting on election. 

90. Offenses of judge of election. 

91. When judge or clerk ascertains or discloses vote. 

92. When other person ascertains or discloses vote. 

93. Neglect of duty by clerk. 

94. Failure to deliver poll books, etc. 

95. Neglect of duty by county clerk. 

96. Fraud in canvassing, etc. 

97. Carrying away, defacing, etc., poll books, etc. 

98. Refusal of supervisor, etc., to act—Penalty. 

83. Liquor.] § 79. No spirituous, malt, vinous or intoxicat¬ 
ing liquor shall be sold or given away at retail, nor shall any 
saloon or bar room, or place where such liquor is so sold or given 
away, be open upon any general or special election day within 
one mile of the place of holding an election. Whoever violates 
the provisions of this section shall be fined in a sum not less 
than $25 nor more than $100. It shall be the duty of the sheriff, 
coroner, constables and other officers of the county, and magis¬ 
trates, to see that the provisions of this section are enforced. 

84. False swearing.] § 80. If any person whose vote is 
challenged, or any witness sworn under the provisions of this Act, 
shall knowingly, wilfully and corruptly, swear falsely, he shall 
be deemed guilty of perjury, and on conviction thereof shall be 
punished accordingly. 

85. Illegal voting.] §81. Whoever unlawfully votes more 
than once at any election, or offers to vote after having once 
voted at such election, or knowing that he is not a qualified voter 
at an election, wilfully votes at such election, shall, on convic- 



Div. IX.] 


OFFENSES AND PENALTIES. 


627 


tion thereof, be fined in a sum not exceeding $1,000, or impris¬ 
oned in the county jail not exceeding one year, or both, in the 
discretion of the court. 1 

86. Other offenses.] § 82. Whoever wilfully aids or abets 
any one not legally qualified to vote at an election in voting or 
attempting to vote at such election; or 

Second —Furnishes an elector with a ticket or ballot inform¬ 
ing him that it contains a name different from that which appears 
thereon, with intent to induce him to vote contrary to his in¬ 
clinations ; or 

Third —Changes a ballot of an elector, with intent to deprive 
such elector of voting for such person as he intended; or 

Fourth —By unlawful means prevents or attempts to prevent 
any voter from attending or voting at an election; or 

Firth —Gives, or offers to give, any valuable thing or bribe 
to any judge or clerk of an election, as a consideration for some 
act to be done or omitted to be done contrary to his official duty 
in relation to such election, shall on conviction thereof be fined 
in a sum not exceeding $1,000, or imprisoned in the county jail 
not exceeding one year, or both, in the discretion of the court. 
And any judge or clerk who shall receive, request or demand any 
bribe or reward forbidden by this Act, shall upon conviction, be 
liable to the same penalties as are prescribed in this Act for the 
giving or offering to give such bribe or reward. [As amended 
by Act approved June 17, 1887. In force July 1, 1887. Laws 
1887, p. 173. 

87. Receiving, requesting, etc., bribe, etc.—Upon second 
offense.] § 83. Any person who shall solicit, request, demand 
or receive, directly or indirectly, any money, intoxicating liquor 
or other thing of value, or the promise thereof, either to influ¬ 
ence his vote, or to be used, or under the pretense of being used 
to procure the vote of any other person or persons, or to be used 
at any poll or other place prior to or on the day of an election for 
or against any candidate for office, or for or against any measure 
or question to be voted upon at such election, shall be deemed 
guilty of the infamous crime of bribery, in elections, and upon 
conviction thereof in any court of record, shall be sentenced to 
disfranchisement by the judge of such court for a term of not 

(1) The poll lists are the highest and best evidence of who voted at an election, 
and when; and when it does not appear from them that the defendant voted in his 
real name, or in the name by which he is indicted, or that there is a name on the 
poll list representing the ballot cast by him, there can be no conviction for illegal 
voting. Wilson v. State, 52 Ala. R., 299. 

A minor who is otherwise duly qualified, cannot be convicted of illegal voting 
because he was not of the requisite age, if he voted under the honest belief, induced 
by information from parents, relatives, or acquaintances having knowledge of the 
time of his birth, that he had obtained his majority, Gordon v. State, 52 Ala. R., 308. 




G28 


ELECTIONS. 


[Div. IX. 


less than five nor more than fifteen years, and to the county jail 
not less than three months nor more than one year, and to pay 
the cost of prosecution and stand committed to the county jail 
until such costs shall be fully paid. That for a conviction of a 
second offense under this section, the first being alleged and 
proven, such second offender shall be by the sentence of the court 
forever thereafter disfranchised and deprived of the right to vote 
at an election in this State, and be imprisoned in the county jail 
not less than one year, and be committed to jail in default of 
payment of costs of prosecution until such costs are fully paid. 
Prosecutions may be had under this section by indictment in the 
circuit court, or by information in the county courts, and the ef¬ 
fect of a sentence of disfranchisement in either of said courts, 
both having jurisdiction of offenses hereunder, shall be to de¬ 
prive such persons sentenced of the right to vote at any general 
or special election, or town meeting, within this State for the 
period of time fixed by the court where such person shall be 
convicted under this section. Any candidate or other person 
paying, furnishing or promising to pay or furnish or bribing such 
person, with money, intoxicating liquor or other thing of value, 
or the promise thereof, shall not be liable to punishment there¬ 
for but shall be a competent witness and compelled to testify in 
prosecutions under this section. Solicitation by any person of a 
loan of money, or the purchase of any thing of value, or of liquor 
by the drink or treat to influence or affect his vote, or any other 
subterfuge, shall be deemed a violation hereof. 

Second —Any person who shall have been legally convicted 
and disfranchised by a court of competent jurisdiction who shall 
before the expiration of his term of disfranchisement, vote or 
offer to vote at any general or special election, or town meeting 
within this State, shall, upon indictment and conviction thereof 
in a court of competent jurisdiction, be confined in the peniten¬ 
tiary for a term of years not less than one, nor more than ten 
years. 1 [As amended by Act approved June 17, 1887. In force 
July 1, 1887. Laws 1887, p. 172. 


88. Disorderly conduct.] § 84. Whoever is disorderly at 
any election shall forfeit a sum not exceeding $25. 

89. Betting on election.] 5 85. Whoever bets or wagers 
any money, property or other valuable thing, upon the result of 
an election which may be held under the Constitution or laws 

°li . State ’ or bets or wa ff ers money, property, or other valu¬ 
able thing, upon the number of votes which may be given to any 


of a ( cl tv 11,1^ * n *K ab,e mls ^meanor to propose to receive a bribe by an alderman 
indlctabTe nfrcnli °L by ?. ny *?U bllc officer, inciting another to the commission of any 
«5 Ill R Ohrtj gh without success, is a misdemeanor. Walsh v. The People, 

DO III. K., 58; Christie v. People, 206 Ill., 337. 






Div. IX.] 


OFFENSES AND PENALTIES. 


629 


person at an election, or upon who will receive the greatest num¬ 
ber of votes at an election; or agrees to pay any other person any 
money, property, or other valuable thing, in the event that an 
election shall result in one way, or in the event that any person 
shall or shall not be elected, or shall receive a greater number of 
votes than others, upon conviction thereof he shall be fined in a 
sum not exceeding $1,000, or imprisoned in the county jail not 
exceeding one year, or both, in the discretion of the court. 1 [See 
Revised Statutes, chapter 38, § 132. 

90. Offenses of judge of election.] § 86. If any judge of 
any election shall permit a person to vote whose vote is chal¬ 
lenged, without the proof required in this Act; or, 2 


(1) The voting of electors of this State, for a president of the United States, 
is an election held under the laws of this State, and a bet or wager as to the result 
of such vote, is a wager on the result of an election under the statute. McClurken 
v. Detrich et al., 33 Ill. R., 349. See Gordon v. Casey, 23 Ill. R., 71; Stephens v. 
Sharpe, 26 Ill. R., 404. 

The election law, concerning betting on elections, is intended to apply to the 
election of presidential electors, as well as to that of State officers; and bets made 
on such elections are void. Gordon v. Casey, 23 Ill. R., 70. 

A wager on the result of the electoral vote for president of the United States, 
in this State, is void, as against public policy, by the common law. Allen v. ttearne, 
1 Tenn. R., 57. Bunn v. Riker, 4 Johns. R., 426; Bush v Keeler, 5 Wend. L., 250; 
Morgan v. Pettit, 3 Scam. R., 531; Gordon v. Casey, 23 Ill. R., 71; Stephens v. Sharpe, 
23 Ill. R., 404; McClurken v. Detrich et al., 33 Ill. R., 350. 

A bet or wager on the result of an election in this State, whether made before 
or after the election, would be illegal, as against good policy. Morgan v. Pettit, 
3 Scam. R., 531. 

A wager as to the result of a presidential election, in another State, made 
after the vote has been cast, is not against public policy, Smith v. Smith, 21 Ill. 
R., 244. 

The law prohibiting betting on elections applies only to elections in this State, 
and does not extend to those made concerning elections to be held in other States; 
therefore, a bet or wager between two citizens of this State, upon the majority which 
General Harrison would obtain at the presidential election in the State of Kentucky, 
is not illegal; and an action can be maintained by the winner to recover the amount 
of the wager. Morgan v. Pettit, 3 Scam. R., 531. 

Where B. and L. purchased a piece of cloth at a store on credit, and at the time 
of the purchase a memorandum was made as follows: “If Mr. Douglas is elected 
to Congress Brown is to pay for the cloth; if Mr. Stewart is elected, James Lurton 
has it to pay.” Held, that the contract was in severalty. Held, also, that the 
contract for the sale of the cloth was valid; and was not tainted by the bet of 
B. and L. Lurton v. Gilliam et al., 1 Scam. R., 579. 



WV/J V ....... - -- V 7 

Morgan v. Pettit, 3 Scam. R., 530. 



\ stakeholder, unless some other mode has been provided, is the proper person 
who has won a wager. Smith v. Smith, 21 Ill. R., 244. The court concurs 



aL^Ahou officer is not criminally liable for a mere mistake of judgment. 
An election officer is not indicted for relectine a vote, the 




630 


ELECTIONS. 


[Div. IX. 


2d. Shall knowingly and wilfully permit a person to testify 
as a witness contrary to the provisions of this Act; or, 

3d. Shall knowingly permit a person to vote who is not 
qualified according to law; or, 

4th. Shall knowingly receive and count more than one vote 
from the same person at the same election for the same office, ex¬ 
cept as allowed by law; or, 

5th. Shall refuse to receive the vote of a qualified elector 
at such election, who will make the affidavit and proof required 
by this Act; or, 

6th. Shall be guilty of any fraud, corruption, partiality or 
manifest misbehavior; or, 

7th. Shall open or unfold any ballot when the same is pre¬ 
sented to be deposited in the ballot box; or, 

8th. Shall willfully neglect to perform any of the duties re¬ 
quired of him by this Act, shall, on conviction thereof, be fined 
in a sum not exceeding $1,000, or imprisoned in the county jail 
not exceeding one year, or both, in the discretion of the court. 

91. When judge or clerk ascertains or discloses vote.] §87. 
If any judge or clerk of election shall wilfully or corruptly ascer¬ 
tain, by comparison of the poll book with the ballot, or shall 
allow any other person to ascertain by such comparison or other¬ 
wise, or shall wilfully publish or reveal how any elector voted 
at an election, he shall, on conviction thereof, be fined in any 
sum not exceeding $1,000, or imprisoned in the county jail not 
exceeding one year, or both, in the discretion of the court. 

92. When other person ascertains or discloses vote.] § 88. 
If any person shall wilfully or corruptly ascertain or publish, or 
reveal how any elector voted at an election, he shall, on convic¬ 
tion thereof, be fined in any sum not exceeding $1,000, or im¬ 
prisoned in the county jail not exceeding one year, or both, at 
the discretion of the court. 


93. Neglect of duty by clerk.] § 89. If any clerk of an 
election shall wilfully neglect to perform any duty required of 
him as clerk of election, or shall be guilty of fraud, corruption 
or misbehavior as such clerk, he shall, on conviction, be fined in 
a sum not exceeding $500, or imprisoned in the county jail not 
exceeding six months, or both, in the discretion of the court. 

94. Failure to deliver poll books, etc.] § 90. If any judge, 
clerk or messenger, after having been deputed by the judges of 


Election officers are generally punishable by indictment, for knowingly receiving 
the vote of one who is not a duly qualified elector. State v. Roll, 7 West, L. J 138 
State v. McDonald, 4 Harrington, 555. 


Fraud, when imputed to the acts of inspectors of election, implies an illegal 
and wrongful act, purposely committed. People v. Cook, 8 N. Y. R., 67. 





Div. IX.] 


OFFENSES AND PENALTIES. 


631 


election to carry the poll books, tally list and votes of such elec¬ 
tion to the place where, by law, they are required to be can¬ 
vassed, wilfully or negligently fails to deliver such poll books, 
tally list, or ballots, within the time prescribed by law, with the 
seal unbroken, he shall, upon conviction, be fined in a sum not 
exceeding $500, or imprisoned in the county jail not exceeding 
six months, or both, in the discretion of the court. 

95. Neglect by county clerk.] §91. If the county clerk 
wilfully neglects or refuses to perform any duty required of him 
by this Act, he shall, upon conviction, be fined in a sum not ex¬ 
ceeding $500, and shall be liable to the person injured by rea¬ 
son of such neglect or refusal, in an amount not exceeding $500, 
to be recovered in an action on the case. 

96. Fraud in canvassing, etc.] § 92. If any county clerk or 
justice of the peace shall be guilty of any fraud, corruption or 
misbehavior, in canvassing the votes or making any abstract of 
votes, or issuing any certificate of election, he shall, on conviction, 
be fined in any sum not exceeding $500, or imprisoned in the 
county jail not exceeding one year, or both, in the discretion of 
the court. 

97. Carrying away, defacing, etc., poll books, etc.] § 93. 

Whoever shall wilfully and wrongfully take or carry away from 
the place where it has been deposited for safe-keeping, or deface, 
mutilate or change any poll book, ballot or tally list, or any name 
or figure therein, shall, on conviction, be fined in a sum not ex¬ 
ceeding $1,000, or imprisoned in the county jail not exceeding 
one year, or both, in the discretion of the court. 

98. Refusal of supervisor, etc., to act—Penalty.] §93^. 
If any supervisor, county commissioner or member of any county 
board shall wilfully refuse, neglect or fail to do any act or per¬ 
form any duty required of him by the election laws of this State, 
he shall be deemed guilty of a misdemeanor, and upon convic¬ 
tion, fined not exceeding five hundred dollars, or imprisoned in 
the county jail not exceeding, six months or both in the discre¬ 
tion of the court. [Added by Act approved June 22, 1885. In 
force July 1, 1885. 

CONTESTING ELECTIONS. 

99. When legislature to hear. 

100. Senators and representatives. 

101. By circuit court. _ 

102. By circuit and in Cook county also by the superior court. 

103. By county court. _ . . , 

104. Election of state officers—Petition of contestant. 

105. Joint committee to take testimony. 



632 


ELECTIONS. 


ID iv. IX. 


106. Powers of joint committee. 

107. Notice. 

108. Testimony. 

109. Report of committee—Hearing—Decision. 

110. Who may contest senator or representative. 

111. Notice of contest. 

112. Testimony—How taken. 

113. Power of officer taking testimony. 

114. Depositions, etc., to be sent to secretary of state. 

115. Delivery of notice of contest, etc.—Duty of presiding officer. 

116. Rights of either house saved. 

117. Who may contest election of other officers, 

118. Contestant to file statement, etc. 

119. Summons. 

120. Evidence. 

121. Trial. 

122. Other elections contested. 

123. When elector may defend for county. 

124. Judgment. 

125. Tie. 

126. Certified copy of judgment. 

127. When election adjudged void. 

128. Appeals. 

99. When legislature to hear.] § 94. The legislature, in 
joint meeting, shall hear and determine cases of contested elec¬ 
tions of Governor and Lieutenant Governor, Secretary of State, 
Auditor of Public Accounts, Treasurer, Superintendent of Pub¬ 
lic Instruction, and Attorney General. The meeting of the two 
houses, to decide upon such elections, shall be held in the hall of the 
house of representatives, and the speaker of the house shall pre¬ 
side. [See Const., Art. 5, § 4. 

100. Senators and representatives.] § 95. The senate and 
house of representatives shall severally hear and determine con¬ 
tests of the election of their respective members. [See Const., 
Art. 4, § 9. 

101. By Circuit Court.] § 96. The Circuit Court shall hear 
and determine contests of the election of Judges of the Supreme 
Court, Clerks of the Supreme Court, Judges of the Circuit Court, 
Judges of the Superior Court of Cook county, and Members of 
the State Board of Equalization ; but no Judge of the Circuit 
Court shall sit upon the hearing of any case in which he is a 
party. [As amended by Act approved April 22, 1899. In force 
July 1, 1899. Laws 1899, p. 152. 

102. By circuit courts, and in Cook county also by the su¬ 
perior court.] § 97. The circuit courts in the respective counties, 
and in Cook county the Superior Court also may have and de¬ 
termine contests of the election of judges of the county court, 



t)iv. ix.j CONTESTING ELECTIONS. 633 


m&ydrs df titieS, presidents of county boards, presidents of vil¬ 
lages, in reference to the removal of county seats and in refer¬ 
ence to any other subject which may be submitted to the vote 
of the people of the county, and concurrent jurisdiction with the 
county court in all cases mentioned in section ninety-eight (98). 
[As amended by Act approved June 17, 1895. In force July 1, 
1895. Laws 1895, p. 170. 

103. By county court.] § 98. The county court shall hear 
and determine contests of election of all other county, township 
and precinct officers, and all other officers for the contesting of 
whose election no provision is made. 1 

104. Election of state officers—petition of contestant.] § 99. 
When any elector shall desire to contest the election of-Gov¬ 
ernor, Lieutenant Governor, Secretary of State, Auditor of Public 
Accounts, Treasurer, Superintendent of Public Instruction, or 
Attorney General, he shall, within ten days after the result of 
the election shall have been determined, present a petition to the 
General Assembly, setting forth the points on which he will con¬ 
test such election, and praying leave to produce his proof. 

105. Joint committee to take testimony.] § 100. The Gen¬ 
eral Assembly shall appoint a joint committee to take the testi¬ 
mony on the part of the petitioner, and the person whose place 
is contested. 

106. Powers of joint committee.] § 101. The committee so 
appointed shall have power to send for witnesses, and compel 
the attendance of witnesses and the production of papers, issue 
commissions under the hand of its chairman, to any officer 
authorized to take depositions in other cases, to take the deposi¬ 
tion of witnesses upon the points set forth in the petition, at 
such time and place as the commission shall direct. 

107. Notice.] § 102. Reasonable notice shall be given by 
the party in whose favor the deposition is to be taken, to the 
opposite party, of the time and place of taking the same. 

108. Testimony.] § 103. No testimony shall be taken ex¬ 
cept upon the points set forth in the petition. 

109. Report of committee—Hearing—Decision.] § 104. 
The committee shall report the facts to the house, and a day 
shall be fixed by a joint resolution for a meeting of the two 
houses to decide upon the same, in which decision the yeas and 
nays shall be taken and entered upon the journal. 

110. Who may contest senator or representative.] § 105, 

(1) Dickey et al. v. Reed et 0.1., 78 Ill., 267; Brush v. Lemma, 77 Ill., 406; 
Talkington v. Turner, 71 Ill., 234. 






634 


ELECTIONS. 


[Div. IX 


The election of any member declared duly elected to a seat in 
the senate or house of representatives of the General Assembly, 
may be contested by any qualified voter of the county or district 
to be represented by such senator or representative. 

111. Notice of contest.] §106. The contestant shall, within 
thirty days after the result of the election shall have been de¬ 
termined, serve on the person whose election he will contest, a no¬ 
tice of his intention to contest such election, expressing the 
points on which the same will be contested ; and shall, also, on 
or before the next session of the General Assembly, deliver a 
copy of such notice to the Secretary of State. In case the per¬ 
son whose election is contested is absent, or cannot be found, 
service may be had by leaving a copy of such notice at his usual 
place of residence. 1 

112. Testimony—How taken. § 107. Whenever a notice 
shall have been given of intention to contest an election, as pro¬ 
vided in the preceding section, either party may proceed to take 
testimony of any witness before any judge, justice of the peace, 
clerk of a court, master in chancery, or notary public, on giving 
to the adverse party or his attorney, ten days’ notice of the time 
and place of taking the same, and one day in addition thereto 
(Sunday inclusive) for every fifty miles’ travel from the place of 
residence of such party to the place where such deposition is to 
be taken. If the party entitled to notice resides in the county 
where the deposition is to be taken, five days’ notice shall be 
sufficient. 

113. Power of officer taking testimony.] § 108. The officer 

before whom depositions are taken shall have power to compel 
the production of papers, and the attendance of witnesses; and 
the same proceedings may be had to compel the attendance of 
witnesses, as are provided in the cases of taking depositions to 
be used in courts of law and equity. 

114. Deposition, etc., to be sent to Secretary of State.] §109. 

A copy of the notice to take depositions, with proof of the service 
thereof, with the deposition, shall be sealed up and transmitted 
by mail, or otherwise, to the Secretary of State, with an indorse- 

(1) The object of requiring the “points’* of contest to be stated, is for the 
purpose of informing the adverse party of the grounds of contest, so that he may 
prepare to meet them. Each party is therefore required, when he becomes the 
actor, to give notice of the specific grounds on which he intends to contest the 
election, or the correctness of the returns or canvass. Taylor v. Taylor et al., 10 
Minn. R., 107. 

A court of chancery has no jurisdiction to enquire into the validity of 
elections. Nor will such jurisdiction be conferred by the mere omission of the 
particular case from the operation of the general law on the subject of contested 
elections. Moore v. Hoisington et al., 31 Ill. R., 243. 




Div. IX.] 


CONTESTING ELECTIONS. 


635 


meat thereon, showing the names of the contesting parties, the 
office contested, and the nature of the papers. 

115. Delivery of notice of contest, etc.—Duty of presiding 
officer.] § 110. The Secretary of State shall deliver the copy of 
the notice deposited with him by the contestant and the deposi¬ 
tions unopened, to the presiding officer of the branch of the Gen¬ 
eral Assembly to which the contest relates, on or before the sec¬ 
ond day of its session next after the receipt of the same; and 
the presiding officer shall immediately give notice to his house 
that such papers are in his possession. 

116. Rights of either house saved.] §111. Nothing herein 
contained shall be construed to abridge the right of either 
branch of the General Assembly to grant commissions to take 
depositions, or to send for and examine any witnesses it may de¬ 
sire to hear on such trial. 

117. Who may contest election of other officers.] § 112. The 

election of any person declared elected to any office other than Gov¬ 
ernor, Lieutenant Governor, Secretary of State, Auditor of Public 
Accounts, Treasurer, Superintendent of Public Instruction, Attor¬ 
ney General, Senator or Representative, may be contested by 
any elector of the State, judicial division, district, county, town, 
or precinct in and for which the person is declared elected. 

118. Contestant to file statement, etc.] § 113. The person 
desiring to contest such election shall, within thirty days after 
the person whose election is contested is declared elected, file 
with the clerk of the proper court a statement in writing, setting 


The person who holds a certificate from the authorities appointed by law to 
canvass the votes, declaring him elected to an office, and who has complied with the 
requirements of law in relation to the office, is entitled to the present possession 
thereof, notwithstanding the prior incumbent contests his election, denying its 
legality. Such contest is not an appeal, but is an original proceeding under our 
statutes, going behind the poll books, and purging the election. The People ex rel. 
Cummings v. Head, 25 Ill., 325. 

It is competent for the court and jury to go behind the certificate of the can¬ 
vassers, for the purpose of determining who was legally elected to a contested 
office. Carpenter v. Ely, 4 Wis. R., 420. 

On the trial of a contested election, the members returned as elected, though 
sworn in, are not competent to vote on the question of the validity of their own 
election. Commonwealth v. McCloskey, 2 Rawle (Penn.), 369. 

A petition complaining of an undue election and return, must set forth the facts 
with precision; and they must be sufficient, if sustained by proof, to render it the 
duty of the court, either to vacate the election, or to declare that another person 
than the one returned was duly elected. Unless the petition be thus specific, and set 
forth facts that, if true, would have changed the result, it will be quashed, on 
motion. Mere irregularities on the part of the election officers, will not vitiate the 
poll. Skerrett’s Case, 2 Parsons (Penn.), 509; see also 8 N. Y. R., 67. 

The question whether a voter was or was not duly qualified, is not concluded 
by the decision of the inspectors; it is open to examination, in subsequent proceed¬ 
ings, upon any competent evidence. People v. Pease, 27 N. Y. R., 45. 

The title to an office confers upon the person elected a right to the fees and 
emoluments thereof from the commencement of his legal term. An action for 
money had and received will lie by the officer de jure, against one who has intruded 
into the office, by color of a certificate of election, to cover the fees received during 
the time of such intrusion. If the incumbent received his commission bona fide, he 
will be allowed, in such action, his reasonable expenses in executing the duties of 
the office; otherwise, if his intrusion were without pretense of legal right, Mayfield 
v. Moore, 53 Ill. R., 428. 




636 


ELECTIONS. 


[Div. IX. 


forth the points on which he will contest the election, which 
statement shall be verified by affidavit in the same manner as 
oills in chancery may be verified. 1 

119. Summons.] § 114. Upon the filing of such statement, 
summons shall issue against the person whose office is contested 
and he may be served with process, or notified to appear, in the 
same manner as is provided in cases in chancery. 

120. Evidence.] §115. Evidence may be taken in the same 
manner and upon like notice as in cases in chancery. 

121. Trial.] § 116. The case shall be tried in like manner 
as cases in chancery, and may be heard and determined by the 
court in term time, or by the judge in vacation, at any time not 
less than ten (10) days after service of process, or at any time 
after the defendant is required by notification to appear, and shall 
have preference in the order of hearing to all other cases. The 
court in term time or the judge in vacation may make and en¬ 
force all necessary orders for the preservation and production of 
the ballots, poll books, tally papers, returns, registers and other 
papers or evidence that may bear upon the contest. [As amended 
by Act approved June 17, 1895. In force July 1, 1895. Laws 
1895, p. 170. 

122. Other elections contested.] § 117. Any five electors 
of the county may contest an election upon any subject which 
may by law be submitted to a vote of the people of the county, 
upon filing in the circuit court, within thirty days after the result 
of the election shall have been determined, a written statement 
in like form as in other cases of contested elections in the circuit 
court. The county shall be made defendant, and process shall be 
served as in suits against the county; and like proceedings shall 
be had as in other cases of contested elections before such court. 

123. When elector may defend for county.] § 118. In 
case the county board shall fail or refuse properly to defend such 
contest, the court shall allow any one or more electors of the county 
to appear and defend, in which case the electors so defending 
shall be liable for the costs in case the judgment of the court 
shall be in favor of the contestant. 

124. Judgment.] §119. The judgment of the court, in 
cases of contested election, shall confirm or annul the election ac¬ 
cording to the right of the matter; or, in case the contest is in 
relation to the election of some person to an office, shall declare 
as elected the person who shall appear to be duly elected. 

125. Tie.] § 120. If it appears that two or more persons 
have, or would have had if the legal ballots cast or intended to be 


(1) Dale v. Ir^in, 7§ Ill. 170, 





Div. IX.] 


RESIGNATIONS AND VACANCIES. 


637 


cast for them had been counted, the highest and an equal number 
of votes for the same office, the persons receiving such votes shall 
decide by lot, in such manner as the court shall direct, which of them 
shall be declared duly elected; and the judgment shall be entered 
accordingly. 

126. Certified copy of judgment.] § 121. A certified copy 
of the judgment of the court shall have the same effect as to the 
result of the election as if it had been so declared by the canvassers. 

127. When election adjudged void.] § 122. When the per¬ 
son whose election is contested is found to have received the highest 
number of legal votes, but the election is declared null by reason of 
legal disqualification on his part, or for other causes, the person 
receiving the next highest number of votes shall not be declared 
elected, but the election shall be declared void. 1 

128. Appeal.] § 123. In all cases of contested elections in 
the circuit courts or county courts, appeals may be taken to the su¬ 
preme court in the same manner, and upon like conditions as is pro¬ 
vided by law for taking appeals in cases in chancery from the circuit 
courts. 2 


RESIGNATIONS AND VACANCIES. 


129. Resignation of elective officers. 

130. When office becomes vacant. 

3 31. Who may determine when vacancy exists. 

132. Vacancy in office of governor or lieutenant governor. 

133. Vacancy in other state offices. 

134. Vacancy in office of senator or representative. 

135. Vacancy in office of representative in congress. 

135a. Vacancy in office of United States senator. 

136. Vacancy in office of judge. 

137. Vacancy in office of clerk of court. 

138. Vacancy in office of county and precinct officers, etc. 

139. To what elections this act may apply. 


129. Of Elective Officers.] § 124. Resignations of elective 
officers shall be made to the officer, court or county board authorized 
by law to fill a vacancy in such office by appointment, or to order an 
election to fill such vacancy. 

130. When office becomes vacant.] § 125. Every elective 
office shall become vacant on the happening of either of the follow¬ 
ing events, before the expiration of the term of such office: 

First —The death of the incumbent. 

Second —His resignation. 


(1) If the person receiving the highest number of votes is not qualified to take 
the office the candidate having the next highest number is not legally elected. 
Cooley on Const. Limitations. 620. Opinion Att’y Gen’l Edsall, April 4, 1873. 

(2) Hall v. Thode, 75 Ill., 173. 






638 


ELECTIONS. 


Div. IX.] 


Third —His becoming insane. 

Fourth —His ceasing to be an inhabitant of the State; or, if the 
office is local, his ceasing to be an inhabitant of the district, county, 
town or precinct for which he was elected. 

Fifth —His conviction of an infamous crime, or of any offense 
involving a violation of official oath. 

Sixth —His removal from office. 

Seventh —His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit or file such oath or bond 
within the time prescribed by law. 

Eighth —The decision of a competent tribunal declaring his 
election void. 

131. Who may determine when vacancy exists.] § 126. 

Whenever it is alleged that a vacancy in any office exists, the officer, 
court, or county board whose duty it is to fill the vacancy by appoint¬ 
ment, or to order an election to fill such vacancy, shall have power 
to determine whether or not the facts occasioning such vacancy 
exist. 

132. Vacancy in office of Governor and Lieutenant Gov¬ 
ernor.] § 127. In case of vacancies in the office of Governor 
and Lieutenant Governor, the officer performing the duties of the 
office of Governor, or if there is no such officer, the Secretary of 
State, shall issue a proclamation appointing a day for a special elec¬ 
tion to fill such vacancies, and shall issue a writ of election to the 
county clerks of the several counties in the State, and shall also, 
when necessary, call a special session of the General Assembly to 
canvass the votes cast at such election; but if such vacancy shall 
occur not more than ninety days before a general election for mem¬ 
bers of the legislature, the vacancies shall be filled at such general 
election, in which case no special session of the General Assembly 
to canvass the votes shall be deemed necessary. 

133. Vacancy in other State officers.] § 128. When a 
vacancy shall occur in the office of Secretary of State, Auditor of 
Public Accounts, Treasurer, Attorney General, Superintendent of 
Public Instruction or members of the State Board of Equalization, 
the Governor shall fill the same by appointment, and the appointee 
shall hold his office during the remainder of the term, and until his 
successor is elected and qualified. [See Const., art. 5, § 20. 

134. Vacancy in office of Senator or Representative.] § 129. 

When a vacancy shall occur in the office of Senator or Representa¬ 
tive in the General Assembly, it shall be the duty of the county clerk 
of the county in which the member whose office is vacant resided, to 
notify the Governor of such vacancy. Whereupon the Governor 



Div. IX.] 


RESIGNATIONS AND VACANCIES 


639 


shall issue a writ of election to the county clerk or clerks of the 
county or counties in which the vacancy is to be filled, fixing a day 
upon which an election shall be held to fill such vacancy; but unless 
the General Assembly shall be in session at the time the vacancy 
occurs, or there shall be a session between the time at which the 
vacancy occurs and the next succeeding general election, no special 
election shall be ordered to fill such vacancy. 

135. Vacancy in office of Representatives in Congress.] 

§ 130. When any vacancy shall occur in the office of Representative 
in Congress from this State, the Governor shall issue a writ of elec¬ 
tion to the county clerks of the several counties in the district where 
the vacancy exists, appointing a day to hold a special election to fill 
such vacancy. 

135a. Vacancy in the office of United States Senator.] 

§ 130a. When a vacancy shall occur in the office of United States 
Senator from this State, the Governor shall make temporary ap¬ 
pointment to fill such vacancy until the next election of representa¬ 
tives in Congress, at which time such vacancy shall be filled by elec¬ 
tion, and the Senator so elected shall take office as soon thereafter 
as he shall receive his certificate of election. [Added by amendment 
by Act approved June 25, 1913. In force July 1, 1913. Laws 1913, 
p. 307. 

136. Vacancy in office of Judges.] § 131. When a vacancy 
shall occur in the office of judge of the supreme court, judge of the 
circuit court, judge of the superior court of Cook county, or judge 
of the county court, the clerk of the court in which the vacancy 
exists shall notify the Governor of such vacancy. If such vacancy 
shall occur within one year before the expiration of the term of 
the office made vacant, the Governor shall fill such vacancy by 
appointment; but if the unexpired term exceeds one year, the Gov¬ 
ernor shall issue a writ of election, as in other cases of vacancies 
to be filled by election. 

137. Clerks of courts.] § 132. When a vacancy shall occur 
in the office of clerk of the supreme court, or in the office of 
the clerk of the superior court, or clerk of the circuit court of 
any of the counties in this State, and the unexpired term of 
such clerk shall exceed one year, it shall be the duty of the 
court, or if in vacation, of the judge or judges of the court in 
which such vacancy may occur, to appoint a clerk pro tempore; 
and such appointee shall qualify in the same manner, and give 
bond as required by law of the clerk of the court to which he 
is appointed, to be approved by the court, or if in vacation by 
the judge or judges making the appointment; and thereupon such 
appointee shall be authorized to perform all duties and receive 




640 


ELECTIONS. 


[Div. IX. 


all emoluments allowed by law to the duly elected clerk of such 
court, and shall hold such office until an election can be held to 
fill the same, as provided by the Act to which this is an amend¬ 
ment, and until the person so elected shall have qualified accord¬ 
ing to law. Whenever an appointment shall be made, as pro¬ 
vided by this Act, it shall be the duty of the court or the judge 
or judges making such appointment, to notify the Governor forth¬ 
with of the vacancy filled by such appointment; and upon re¬ 
ceiving such notice, it shall be the duty of the Governor, as 
soon thereafter as may be practicable, to issue a writ of election 
as in other cases of vacancies to be filled by election, in the same 
manner as if no appointment had been made; and when any 
such vacancy shall occur, and the unexpired term does not exceed 
one year, such vacancy shall be filled by appointment by the 
court to which such office appertains, or by the judge or judges 
thereof. ]As amended by Act approved February 9, 1874. In 
force July 1, 1874. See Revised Stat., chap. 25, § 11. 

138. County officers, precinct officers, etc.] § 133. When a 
vacancy shall occur in the office of county commissioner, State’s 
attorney, sheriff, coroner, county clerk, recorder of deeds, county 
treasurer, county surveyor, justice of the peace, constable, or 
other county or precinct officer not otherwise provided for by 
law, within one year before the expiration of the term of such 
vacant office, the vacancy shall be filled by appointment, by the 
county board of the county in which the vacancy exists; but if 
such unexpired term exceeds one year, the county clerk, or, in 
case of a vacancy in his office, the chairman of the county board, 
shall issue an order appointing a day for an election to fill such 
vacancy, and cause notice thereof to be given as in other cases 
of election. 

139. To what elections this Act may apply.] § 134. The 

provisions of this Act shall apply, as far as practicable, to all 
elections in the State, whether general, special, local or munici¬ 
pal, except so far as they are modified or contravened by other 
legal enactment. 

[§ 135. Repeal, omitted; see Revised Statute, chap. 131, §5.] 
REGISTRATION OF ELECTORS. 

AN ACT for the registry of electors and to prevent fraudulent voting. 

[Approved and in force February 15, 1865. Laws 1865, p. 54.] 

140. Board of registration—meeting—register. 

141. Manner of making register, etc.—First meeting. 

142. New election districts. 

143. Revision register—Second meeting. 

144. Proceedings open—Corrections, etc. 

145. Revising register—Addition of new names. 

146. Copies of register—Filing—Delivery to judges—Voting. 



Div. IX.]' 


REGISTRATION OF ELECTORS. 


641 


147. Entry on register by clerk—non-registered voter—Penalty. 

148. Poll list and register to be filed. 

149. Registers open to inspection. 

150. Compensation. 

151. Preserving order. 

152. Fraudulent registration—False swearing, etc. 

153. Blanks to be furnished. 

154. Time Act takes effect. 


140. Board of registration—Mee.ting—Register.] § 1. Be 

it enacted by the People of the State of Illinois, represented in 
the General Assembly: That the persons authorized by law, or 
appointed pursuant to any town or city ordinance, to act as judges 
or inspectors of elections in any town, city, or ward or other 
election district or precinct in this State, shall constitute a ‘Board 
of Registry’ for their respective towns, cities, wards, districts or 
precincts, and shall meet on Tuesday, three weeks preceding 
any State election, at nine o’clock A. M., and proceed to make a 
list, as hereinafter prescribed, of all persons qualified and en¬ 
titled to vote at the ensuing election in the election district 
of which they are judges or inspectors; which list, when com¬ 
pleted, shall constitute and be known as the ‘Register’ of elec¬ 
tors of said election district. In election districts in towns which 
lie wholly within the limits of an incorporated city, a register 
of electors shall be made for all elections, whether general, spe¬ 
cial, local or municipal, in the same manner as herein provided 
in the case of State elections. 1 [As amended by Act approved 
May 31, 1879. In force July 1, 1879. Laws 1879, p. 160. 


141. Manner of making register, etc.—First meeting.] § 2. 

Said registers shall each contain a list of the persons so qualified 
and entitled to vote in said election district, alphabetically ar¬ 
ranged, according to their respective surnames, so as to show, 
in one column, the name in full length, and in another column, 
in cities, the residence, by the number of the dwelling, if there be 
a number, and the name of the street or other location of the 
dwelling place of each person. It shall be the duty of said board 
to enter in said lists the names of all persons residing in their 
election district, whose name appears on the poll list kept in 
said district at the last preceding election—in cities the num¬ 
ber of the dwelling and the name of the street or other loca¬ 
tion, if the same shall be known to or can be ascertained by such 


(1) Persons whose names are put upon the registry list, but who do not appear 
and vote at an election, are presumed to have left the election district, and therefore 
no longer voters therein. The registry list of voters is no better evidence of the 
number of legal voters In a district or county than the poll list. The vote cast 
"sTrima facie evidence of not only the result of the election, but also of the number 
of leSf voters in the county. The registry lists do not rebut or overcome this 
presumption. People ex rel. v. Garner, 47 Ill. R., 247. 

The Act of 1865, providing for the registry of electors, and to prevent frauds 
in elections, does not apply to elections held for the purpose of deciding upon the 
removal of a county seat. Boren v. Smith et al., 47 III. K., 4s<s. 





642 


ELECTIONS. 


[Div. .IX. 


board—and for this purpose said board are authorized to take 
from the office in which they are filed the poll lists made and filed 
by the judges or inspectors of such district, at the election held 
next prior to the making of such register. In making said list, 
the board shall enter thereon, in addition to the names on the 
poll list, the names of all other persons who are well known to 
them to be electors in said district; and the names of all persons 
on the poll list who have died or removed from the district shall 
be omitted from the register. The said board shall complete, 
as far as practicable, the said register on the day of their meet¬ 
ing, aforesaid, and shall make two copies thereof, and certify 
the register and each of the copies to be a true list of the voters 
in their district, so far as the same are known. Within two 
days thereafter, the said original list, together with the list 
taken from the office, as aforesaid, shall be filed by said board 
in the office of the town clerk of the town in which said election 
district may be; but in counties not adopting township organiz¬ 
ation, said list shall be filed with the judges or inspectors of 
election of the proper district, or if such election district is in a 
city then it shall be filed in the office of the city clerk of said 
city. And one copy of said list shall be kept by one of said 
judges or inspectors, and carefully preserved by him for their 
use on the day or days hereinafter mentioned, for the revision 
and correction of the same. One copy of said list shall, imme¬ 
diately after its completion, be posted in some conspicuous place 
where the last preceding election in said district was held, and 
be accessible to any elector who may desire to examine the 
same or make copies thereof. Any person who shall take down, 
tear down or deface any list, so posted, shall be deemed guilty of 
misdemeanor, and shall be punished by a fine of $50, or by im¬ 
prisonment in the county jail for the term of sixty days, or by 
both fine and imprisonment. [As amended by Act approved 
March 27, 1874. In force July 1, 1874. 

142. New election districts.] § 3. In case a new election 
district shall be formed by the organization of a new town, or 
by the division of any town or ward, or the incorporation of a 
city or town, the judges or inspectors of the election in the new 
district thus formed, may make their registry of electors on the 
day prescribed by this Act, in such manner as a majority of 
them may direct, and for that purpose may make a list, or cause 
to be made a certified copy of the poll list or lists of the district 
in which such new district is situated, or they may dispense with 
such list or lists and proceed to make a register of electors, from 
the best means at their command. Said list shall only embrace 
the names of such persons as are known to them to be electors 
in their district, and shall be posted up and copies thereof made. 



Div. IX.] 


REGISTRATION OF ELECTORS. 


G43 


as prescribed in the preceding section, and shall be corrected in 
the same manner that other lists are corrected. 

143. Revision register—Second meeting.] §4. The said 
board shall again meet on Tuesday of the week preceding the 
said elections, in their respective election districts, at the place 
designated for holding the polls of the election, for the purpose 
of revising, correcting and completing said lists; and for this 
purpose, in cities, they shall meet at eight o’clock in the morning, 
and remain in session until nine o’clock P. M., and in other 
districts they shall meet at nine o’clock in the morning and re¬ 
main in session until four o’clock P. M. [As amnded by Act 
approved March 27, 1874. In force July 1, 1874. 

144. Proceedings open—Corrections, etc.] § 5. The pro¬ 
ceedings of said board shall be open, and all persons residing 
and entitled to vote in said district shall be entitled to be heard 
by said board, in relation to corrections or additions to said 
register. One of the lists so kept by the judges or inspectors, 
as aforesaid, shall be used by them, on the day or days of mak¬ 
ing corrections or additions, for the purpose of completing the 
registry for such district. 

145. Revising register—Addition of new names.] § 6. It 

shall be the duty of said board, at their meeting for revising and 
correcting said lists, to erase therefrom the name of any person 
inserted therein, who shall be proved by the oath of two legal 
voters of said district, to the satisfaction of said board, to be 
non-resident of said district, or otherwise not entitled to vote, in 
said district, at the election then next to be held. Any elector re¬ 
siding in said district, and entitled to vote therein, may appear 
before said board and require his name to be recorded on said 
alphabetical list. Any person so requiring his name to be so 
entered on said lists, shall make the same statement as to the 
street and number thereof, and where he resides, required by the 
provisions of this Act of persons offering their votes at elections, 
and shall be subject to the same penalties for refusing to give 
such information, or for falsely giving the same, and shall also 
be subject to challenge, either by the judges or inspectors, or 
either of them, or by any other elector whose name appears on 
said alphabetical list; and the same oaths may be administered 
by the judges or inspectors as now provided in case of persons 
offering to vote at an election; and in case no challenge is made 
of any person requiring his name to be entered on said alpha¬ 
betical list, or in case of challenge, if such person shall make 

(1) Where a person votes at an election without having been registered, and 
without any proof of right, if it does not appear he was challenged, or any objection 
made to his voting, the presumption must be that he was a legal voter, and so 
known to the Judges. Dale v. Irwin, 78 Ill. R.. 170. 





644 


ELECTIONS. 


[Civ. IX. 


oath that would entitle him to vote in case of challenge at an 
election, then the name of any such person shall be added to 
the alphabetical poll list of the last preceding year. 1 

146. Copies of register—Filing—Deliver to judges—Voting 
—Swearing in vote, etc.] § 7. After said lists shall have been 
fully completed, the said board shall, within three days there¬ 
after, cause two copies of the same to be made, each of which 
shall be certified by them to be a correct list of the voters of 
their district; one of which shall be filed in the office of the 
town clerk of towns, and in the office of city clerks of cities; 
and one of which copies shall be delivered to said judges or 
inspectors. It shall be the duty of the said judges or inspectors 
so receiving such list, carefully to preserve the said list for their 
use on election day, and to designate two of their number, 
at the opening of the polls, to check the name of every voter 
voting in such district whose name is on the register. No vote 
shall be received at any State election in this State, if the name 
of the person offering to vote be not on the said register made 
on the Tuesday preceding the election, unless the person offer¬ 
ing to vote shall furnish to the judges of the election his affidavit, 
in writing, stating therein that he is an inhabitant of said dis¬ 
trict and entitled to vote therein at such election, and prove by 
the oath of a householder and registered voter of the district 
in which he offers to vote, that he knows such person to be an 
inhabitant of the district, and if in any city, giving the resi¬ 
dence of such person within said district. The oath may be 
administered by one of the judges or inspectors of the election, 
at the poll where the vote shall be offered, or by any other 
person authorized to administer oaths, but no person shall be 
authorized to receive compensation for administering the oath. 
Said oath shall be preserved and filed in the office of the town 
or city clerk, or in case there be no clerk, then said oath shall 
be filed with and preserved by the judges or inspectors of the 
proper district. Any person may be challenged, and the same 
oaths shall be put as now are or hereafter may be prescribed 
by law. 2 [As amended by Act approved March 27, 1874. In 
force July 1, 1874. 

147. Entry on register by clerks—Non-registered voter— 
Penalty.] § 8. The clerks at each poll, in addition to the duties 

(2) Under this Act, a person who has not been registered as a voter must not 
only show by his own affidavit that he is an inhabitant of the district in which 
he offered his vote, but he must, in addition, establish such fact by the affidavit 
of a “householder and registered voter” or such district. In such case the fact that 
the person so offering his vote was well known to the judges of the election, who 
knew that he resided in the district, and had previously been in the habit of 
voting therein, does not dispense with the proof required by the statute. The 
requirements of this Act, relative to the proof to be made by persons whose names 
have not been registered, are reasonable and within the scope of legislative power, 
and are not calculated to abridge the elective franchise. Byler et al. v. Asher, 47 Ill. 
R., 101. 




Div. IX.] 


REGISTRATION OF VOTERS. 


645 


now prescribed by law, shall enter on the poll list kept by them, 
in columns prepared for that purpose, opposite the name of each 
person voting, the same statement or minute as hereinbefore re¬ 
quired of the board in making the registry; but such entry is not 
to be made by them if the registry contains correctly the name 
and residence of such voter; and in all cases said clerk shall enter 
in a column opposite the name of each person not registered, the 
words “not registered. ,, In cities, every elector, at the time of 
offering his vote, shall truly state the street in which he resides, 
and if the house, lodging or tenement in which he resides is num¬ 
bered, the number thereof. And the clerks of the polls, in case 
the name of such elector is not registered, shall truly enter in the 
appropriate column of the poll list, opposite the name of the 
elector, the street in which the elector resides, and the num¬ 
ber, in case the house, lodging or tenement is numbered; and if 
the same is not numbered, then the clerk shall enter “not num¬ 
bered” in the column of the poll list for entering the number. 
In case of refusal to make the statement as aforesaid, the vote 
of such an elector shall not be received. Any person who shall 
wilfully make any false statement in relation thereto, shall be 
deemed guilty of misdemeanor, and shall, upon conviction, be 
punished with a fine of $50, or by imprisonment in the county 
jail in the county for a period of ten days, or by both such fine 
and imprisonment. 

148. Poll list and register to be filed.] § 9. After the can¬ 
vass of the votes, one of said poll list and said register so kept 
and checked, as aforesaid, shall be attached together, and shall, 
on the following day, be filed in the town or city clerk’s office (as 
the case may be), in which said district may be, or in case there 
be no such clerk, then such poll list and register shall be filed 
with and preserved by the judges or inspectors, to be used by 
the board of registry in making the list of voters at the next state 
election; the other of said poll lists and registers, so kept and 
checked, shall be returned to the office of the county clerk in 
the county in which said district may be, at the same time the 
returns of the election are made. [As amended by Act approved' 
March 27, 1874. In force July 1, 1874. 

[§ 10 is repealed by Act approved March 27, 1874.] 

149. Registers open to inspection.] §11. The registers 
shall at all times be open to public inspection, at the office of the 
authorities in which they shall be deposited, without charge. 

150. Compensation.] § 12. That the members of the board 
of registration shall each receive $2 per day for each day actually 
employed in making and completion of the registry, not exceed- 



646 


ELECTIONS. 


[Div. IX. 


ing two days, to be paid to them at the time and in the manner in 
which they are paid their other fees. [As amended by Act ap¬ 
proved March 27, 1874; in force July 1, 1874. 

151. Preserving order.] § 13. The said board shall have 
and exercise the same power in preserving order at their meet¬ 
ings, under this Act, as are given to judges or inspectors of elec¬ 
tion for preserving order on election days; and vacancies in said 
board shall be filled in the same manner that vacancies are now 
filled at elections. 1 

152. Fraudulent registration, false swearing, etc.] § 14. 

Any person who shall cause his name to be registered in more 
than one election district, or who shall cause his name to be 
registered, knowing that he is not a qualified voter in the district 
where said registry is made, or who shall falsely personate any 
registered voter, and any person causing, aiding or abetting any 
person, in any manner, in either of said acts, shall be punished, 
for each and every offense, by imprisonment in the state prison 
for not less than one year. All intentional false swearing be¬ 
fore said board of registration shall be deemed willful and cor¬ 
rupt perjury, and, on conviction, punished as such. If any mem¬ 
ber or officer of said board shall wilfully violate any of the pro¬ 
visions of this Act, or be guilty of any fraud in the execution of 
the duties of his office, he shall be punished, for each and every 
offense, by imprisonment in the state prison for not less than one 
year. 2 

[§§ 15, 16 are repealed by implication, the Acts to which 
they refer being repealed. § 17 was only of temporary effect.] 

153. Blanks to be furnished.] § 18. The necessary blanks 
for making the registers required by law, shall be prepared by 
the Secretary of State, and transmitted to the person entitled to 
receive them, in the same manner that blank returns of elections 
are now transmitted. 

[§ 19 is repealed by implication, the Act to which it refers 
being repealed.] 

154. Time Act takes effect.] § 20. This Act shall be in 
force from and after its passage. 

(1) See ante, If 46, § 44. 

(2) Members of the board of registry are not liable to indictment for refusing 
to insert the name of a voter upon the list, if they act honestly and in the exercise 
of their best judgment. State v. Smith, 18 N. Hamp. R., 91. 

And an information against the board of registry for refusing to put a voter’s 
name on the list, should allege that they knew his right to vote. State v. Daniels, 
44 N. Hamp. R., 383; Lombard v. Oliver, 7 Allen (Mass.) R., 155. 

An action will not lie against the judge of an election for refusing the vote 
of a person who was not registered as a voter, and who failed to comply with the 
requirements of § 7 of the registry Act, relative to the proof to be made in such 
cases. Nor will the fact that such refusal was placed on grounds not tenable change 
their liability. Byler et al. v. Asher, 47 Ill. R., 101. 





Div. IX.] 


CONGRESSIONAL DISTRICTS. 


647 


CONGRESSIONAL APPORTIONMENT. 

AN ACT to apportion the State of Illinois into twenty-five congressional 

districts and to establish the same, and to provide for the election of 

representatives therein, and to repeal an Act therein named. [Approved 

May 13, 1901. In force July 1, 1901. Laws 1901, p. 3.] 

155. Apportions State into twenty-five congressional districts. 

156. Number of representatives in congress—When elected. 

157. The words “ward” or “wards” in the city of Chicago defined. 

158. Repeal. 

155. Apportions State into twenty-five congressional dis¬ 
tricts.] § 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly: That the State of Illinois 
be, and the same is hereby, apportioned into twenty-five Con¬ 
gressional districts, and that the same are hereby established 
and shall be respectively composed as herein set forth, to-wit: 

The First district shall be composed of the First ward, the 
Second ward, that part of the Third ward east of the center line 
of Stewart avenue, that part of the Fourth ward lying east of 
the center line of Halsted street,, that part of the Sixth ward 
north of the center line of Forty-third street, all in the city of 
Chicago. 

The second district shall be composed of that part of the 
Sixth ward south of the center line of Forty-third street, the 
Seventh ward, the Eighth ward, and the Thirty-third ward, in 
the city of Chicago. 

The Third district shall be composed of the towns of Lemont, 
Palos, Worth, Orland, Bremen, Thornton, Rich, Bloom and Calu¬ 
met in Cook county, and that part of the Twenty-ninth ward 
south of the center line of Fifty-first street, that part of the 
Thirtieth ward south of the center line of Fifty-first street, the 
Thirty-first ward and the Thirty-second ward, in the city of 
Chicago. 

The Fourth district shall be composed of that part of the 
Third ward lying west of the center line of Stewart avenue, that 
part of the Fourth ward lying west of the center line of Halsted 
street, the Fifth ward, that part of the Eleventh ward south of 
the center line of Twenty-second street, that part of the Twelfth 
ward lying south of the center line of Twenty-second street, that 
part of the Twenty-ninth ward north of the center line of Fifty- 
first street, and that part of the Thirtieth ward north of the center 
line of Fifty-first street, in the city of Chicago. 

The Fifth district shall be composed of the Ninth ward, the 
Tenth ward, that part of the Eleventh ward north of the center 
line of Twenty-second street, and that part of the Twelfth ward 




648 


ELECTIONS. 


[Div. IX. 


north of the center line of Twenty-second street, in the city of 
Chicago. 

The Sixth district shall be composed of the towns of Pro¬ 
viso, Cicero, Riverside, Stickney and Lyons in Cook county, and 
the Thirteenth ward, the Twentieth ward, the Thirty-fourth 
ward, and that part of the Thirty-fifth ward south of the south 
line of the right of way of the Chicago and Northwestern Railway 
Company, in the city of Chicago. 

The Seventh district shall be composed of the towns of 
Hanover, Schaumburg, Elk Grove, Maine, Leyden, Barrington, 
Palatine, Wheeling and Norwood Park in Cook county, the 
Fourteenth ward, that part of the Fifteenth ward west of the 
center line of Robey street, the Twenty-seventh ward, the 
Twenty-eighth ward, and that part of the Thirty-fifth ward north 
of the south line of the right of way of the Chicago and North¬ 
western Railway Company, in the city of Chicago. 

The Eighth district shall be composed of that part of the 
Fifteenth ward east of the center line of Robey street, the Six¬ 
teenth ward, the Seventeenth ward, the Eighteenth ward and the 
Nineteenth ward, in the city of Chicago. 

The Ninth district shall be composed of the Twenty-first 
ward, the Twenty-second ward, that part of the Twenty-third 
ward east of the center line of Halsted street, and that part of 
the Twenty-fifth ward south of the center line of Graceland ave¬ 
nue, in the city of Chicago. 

The Tenth district shall be composed of that part of the 
Twenty-third ward west of the center line of Halsted street, the 
Twenty-fourth ward, that part of the Twenty-fifth ward north 
of the center line of Graceland avenue and the Twenty-sixth 
ward, in the city of Chicago, also the towns of Evanston, Niles, 
New Trier and Northfield, in Cook county, and the county of 
Lake. 

The Eleventh district shall be composed of the counties of 
DuPage, Kane, McHenry and Will. 

The Twelfth district shall be composed of the counties of 
Boone, DeKalb, Grundy, Kendall, LaSalle and Winnebago. 

The Thirteenth district shall be composed of the counties of 
Carroll, JoDaviess, Lee, Ogle, Stephenson and Whiteside. 

The Fourteenth district shall be composed of the counties of 
Hancock, Henderson, McDonough, Mercer, Rock Island and 
Warren. 

The Fifteenth district shall be composed of the counties of 
Adams, Fulton, Henry, Knox and Schuyler. 

The Sixteenth district shall be composed of the counties of 
Bureau, Marshall, Peoria, Putnam, Stark and Tazewell. 



Div. IX.] 


SENATORIAL APPORTIONMENT. 


G49 


The Seventeenth district shall be composed of the counties of 
Ford, Livingston, Logan, McLean and Woodford. 

The Eighteenth district shall be composed of the counties of 
Clark, Cumberland, Edgar, Iroquois, Kankakee and Vermilion. 

The Nineteenth district shall be composed of the counties of 
Champaign, Coles, DeWitt, Douglas, Macon, Moultrie, Shelby 
and Piatt. 

The Twentieth district shall be composed of the counties of 
Brown, Calhoun, Cass, Greene, Jersey, Mason, Menard, Morgan, 
Pike and Scott. 

The Twenty-first district shall be composed of the counties 
of Christian, Macoupin, Montgomery and Sangamon. 

The Twenty-second district shall be composed of the coun¬ 
ties of Bond, Madison, Monroe, St. Clair and Washington. 

The Twenty-third district shall be composed of the counties 
of Clinton, Crawford, Effingham, Fayette, Jasper, Jefferson, Law¬ 
rence, Marion, Richland and Wabash. 

The Twenty-fourth district shall be composed of the coun¬ 
ties of Clay, Edwards, Gallatin, Hamilton, Hardin, Johnson, 
Massac, Pope, Saline, Wayne and White. 

The Twenty-fifth district shall be composed of the counties 
of Alexander. Franklin, Jackson, Perry, Pulaski, Randolph, Union 
and Williamson. 

156. Number of representatives in Congress—When elect¬ 
ed.] § 2. One representative to the Congress of the United 
States shall be elected in each of the districts before enumerated 
on the Tuesday after the first Monday of November in the year 
of our Lord one thousand nine hundred and two (1902), and one 
in each of said districts every two years thereafter; such election 
shall be held, and the returns thereof made and canvassed, in the 
manner provided by law. 

157. The words “Ward” or “Wards” in the city of Chi¬ 
cago defined.] § 3. Whenever the words “ward” or “wards”, in the 
city of Chicago, are used in this Act, they shall be construed as 
meaning the wards as existing in said city at the time of the 
passage of this Act. 

158. Repeal.] §4. An Act entitled “An Act to apportion 
the State of Illinois into twenty-two Congressional districts, and 
establish the same, and provide for the election of representa¬ 
tives therein,” approved June 9, 1893, in force July 1, 1893, is 
hereby repealed. 

SENATORIAL AND REPRESENTATIVE APPORTIONMENT. 

AN ACT to apportion the State of Illinois into Senatorial districts, and to 

repeal certain Acts therein named. [Approved May 10, 1901. In force 

July 1, 1901. Laws 1901, p. 6.] 



650 


ELECTIONS. 


[Div. IX. 


159. Apportions State into fifty-one senatorial districts. 

160. The words “ward,” “street,” “avenue” and “boulevard” in the city 

of Chicago defined. 

161. Repeal. 

159. Apportions State into fifty-one senatorial districts.] 

§ 1. Be it enacted by the people of the State of Illinois, repre¬ 
sented in the General Assembly: That until the taking and re¬ 
turn of the next Federal census and the apportionment there¬ 
under, as provided in the Constitution, the State of Illinois shall 
be divided into Senatorial districts, each of which shall be en¬ 
titled to one Senator and three Representatives, as follows,. 
to-wit: 

First—The First and Second wards in the city of Chicago, in 
the county of Cook, shall constitute the first district. 

Second—That part of the Eleventh ward lying north of the 
center line of Sixteenth street; that part of the Twelfth ward ly¬ 
ing north of the center line of Sixteenth street and east of the 
center line of California avenue, and the Twentieth ward in the 
city of Chicago, in the county of Cook, shall constitute the Sec¬ 
ond district. 

Third—The Third ward, that part of the Fourth ward lying 
east'of the center line of Halsted street, and that part of the 
Fifth ward bounded as follows: Beginning at the intersection of 
Thirty-third street and Union avenue, and running south along 
the center line of Union avenue to the center line of Thirty-fifth 
street, thence running east along the center line of Thirty-fifth 
street to the center line of Parnell avenue, thence running north 
along the center line of Parnell avenue to the center line of Thir¬ 
ty-third street, thence running west along the center line of Thir¬ 
ty-third street to the place of beginning, and that part of the 
Sixth ward lying north of the center line of Forty-third street, 
said center line being extended easterly to Lake Michigan, in 
the city of Chicago, in the county of Cook shall constitute the 
Third district. 

Fourth—The Twenty-ninth and Thirtieth wards, and that 
part of the Thirty-first ward lying north of the center line of 
Fifty-seventh place and east of the east line of the right of way 
of the Chicago, Rock Island and Pacific Railway Company, 
in the City of Chicago, in the county of Cook, shall constitute 
the Fourth district. 

Fifth—The Sixth ward, except that part thereof lying north 
of the center line of Forty-third street, said center line being ex¬ 
tended easterly to Lake Michigan, and the Seventh ward, ex¬ 
cept that part thereof lying south of the center line of Sixty-third 
street, said center line being extended easterly to Lake Michi- 



Div. IX.] 


SENATORIAL APPORTIONMENT. 


651 


gan, and east of the center line of Cottage Grove avenue, in the 
city of Chicago, in the county of Cook, shall constitute the Fifth 
district. 

Sixth—The Twenty-fourth ward, that part of the Twenty- 
fifth ward lying north of the center line of Devon avenue, that 
part of the Twenty-third ward lying west of the center line of 
Iialsted street, and the Twenty-sixth ward in the city of Chicago; 
also all that part of the town of Evanston lying outside of the 
city of Chicago, and those parts of the towns of Niles and New 
Trier lying within the city of Evanston, all in the county of Cook, 
shall constitute the Sixth district. 

Seventh—The towns of Thornton, Bloom, Rich, Bremen, Or- 
land, Lemont, Palos, Worth, Lyons, Stickney, Proviso, Leyden, 
Elk Grove, Schaumberg, Hanover, Barrington, Palatine, Wheel¬ 
ing, Northfield, that part of the town of New Trier lying outside 
of the city of Evanston, that part of the town of Niles lying outside 
of the city of Chicago and outside of the city of Evanston, and 
those parts of the towns of Norwood Park and Maine, lying out¬ 
side of the city of Chicago, all in the County of Cook, shall con¬ 
stitute the Seventh district. 

Eighth—The counties of Lake, McHenry and Boone shall 
constitute the Eighth district. 

Ninth—That part of the Fourth ward lying west of the cen¬ 
ter line of Halsted street, the Fifth ward, except that part bound¬ 
ed as follows: Beginning at the intersection of Thirty-third 
street and Union avenue and running along the center line of 
Union avenue to the center line of Thirty-fifth street, thence run¬ 
ning east along the center line of Thirty-fifth street to the center 
line of Parnell avenue, thence running north along the center line 
of Parnell avenue to the cented line of Thirty-third street, thence 
running west along the center line of Thirty-third street to the 
place of beginning, and that part of the Twelfth ward lying 
south and east of a line beginning at the intersection of Hoyne 
avenue and Sixteenth street and running west along the center 
line of Sixteenth street to the center line of California avenue, 
thence running south along the center line of California avenue to 
the north line of the right of way of the Chicago, Burlington & 
Quincy Railroad Company, thence running in a southwesterly 
direction along said north line of the right of way of the Chicago, 
Burlington and Quincy Railroad Company to the center line to 
Clifton Park avenue, thence running south along the center line 
of Clifton Park avenue to the center line of Twenty-fourth street, 
thence running west along the center line of Twenty-fourth street 
to the center line of Central Park avenue, and thence running 
south along the center line of Central Park avenue to the Illinois 



652 


ELECTIONS. 


[Div. IX. 


and Michigan canal, in the city of Chicago, in the county of 
Cook, shall constitute the Ninth district. 

Tenth—The counties of Ogle and Winnebago shall constitute 
the Tenth district. 

Eleventh—The Thirty-first ward, except that part thereof 
lying north of the center line of Fifty-seventh place and east of 
the east line of the right of way of the Chicago, Rock Island and 
Pacific Railway Company, and the Thirty-second ward, in the 
city of Chicago, in the county of Cook, shall constitute the 
Eleventh district. 

Twelfth—The counties of Stephenson, JoDaviess and Car- 
roll shall constitute the Twelfth district. 

Thirteenth—That part of the Seventh ward lying south of 
the center line of Sixty-third street, said center line being ex¬ 
tended easterly to Lake Michigan and east of the center line of 
Cottage Grove avenue, the Eighth and Thirty-third wards, in the 
city of Chicago, and that part of the town of Calumet lying out¬ 
side of the city of Chicago, all in the county of Cook, shall con¬ 
stitute the Thirteenth district. 

Fourteenth—The counties of Kane and Kendall shall con¬ 
stitute the Fourteenth district. 

Fifteenth—The Ninth ward, except that part thereof lying 
north and west of a line beginning at the intersection 
of Morgan and Fourteenth streets and running east along 
the center line of Fourteenth street to the center line 
of Johnson street, thence running north along the center 
line of Johnson street to the center line of Maxwell street, 
and thence running east along the center line of Max¬ 
well street to the south branch of the Chicago river, the 
Tenth Ward, except that part thereof lying north and west of a 
line beginning at the intersection of Laflin and Sixteenth streets 
and running east along the center line of Sixteenth street to the 
center line of Throop street, thence north along the center line of 
Throop street to the center line of Fourteenth street, and thence 
running east along the center line of Fourteenth street to the 
center line of Morgan street, and that part of the Eleventh ward 
lying south of the center line of Sixteenth street, in the city of 
Chicago, in the county of Cook, shall constitute the Fifteenth dis-* 
trict. 

Sixteenth—The counties of Marshall, Putnam, Livingston 
and Woodford shall constitute the Sixteenth district. 

Seventeenth—That part of the Ninth ward lying north and west 
of a line beginning at the intersection of Morgan and Fourteenth 
streets and running east along the center line of Fourteenth street 
to the center line of Johnson street, thence running north along 



Div. IX.] 


SENATORIAL APPORTIONMENT. 


653 


the center line of Johnson street to the center line of Maxwell 
street, and thence running east along the center line of Maxwell 
street to the south branch of the Chicago river, that part of the 
Tenth ward lying north and west of a line beginning at the in¬ 
tersection of Laflin and Sixteenth streets and running east on the 
center line of Sixteenth street to the center line of Throop street, 
thence running north along the center line of Throop street to the 
center line of Fourteenth street, and thence running east along 
the center line of Fourteenth street to the center line of Morgan 
street, and the Nineteenth ward, in the city of Chicago, in the 
county of Cook, shall constitute the Seventeenth district. 

Eighteenth—The county of Peoria shall constitute the Eigh¬ 
teenth district. 

Nineteenth—That part of the Twelfth ward lying north and 
west of a line beginning at the intersection of Twelfth street and 
California avenue and running south along the center line of 
California avenue to the north line of the right of way of the 
Chicago, Burlington & Quincy Railroad company, and thence 
running in a southwesterly direction along said north line of the 
said right of way to the center line of Clifton Park avenue, the 
Thirteenth and the Thirty-fourth wards, in the city of Chicago, 
that part of the town of Cicero lying south of the center line of 
Twelfth street, and the town of Riverside, all in the county of 
Cook, shall constitute the Nineteenth district. 

Twentieth—The counties of Kankakee, Grundy and Iroquois 
shall constitute the Twentieth district. 

Twenty-first—The Fourteenth ward, that part of the Seven¬ 
teenth ward lying south of a line beginning at the intersection 
of Ashland avenue and Augusta street and running thence east 
along the center line of Augusta street to the center line of 
Holt street, thence running south along the center line of Holt 
street to the center line of Cornell street, thence running east 
along the center line of Cornell street to the center line of Mil¬ 
waukee avenue, thence running southeasterly along the center 
line of Milwaukee avenue to the center line of Green street, and 
thence south along the center line of Green street to the center line 
of Kinzie street, and that part of the Thirty-fifth ward lying 
south of a line beginning at the intersection of Chicago avenue 
and Homan avenue and running thence west along the center line 
of Chicago avenue to the center line of Park avenue, thence south 
along the center line of Park avenue to the center line of Lake 
street, and thence running west along the center line of Lake 
street to the center line of Austin avenue, in the city of Chicago, 
in the county of Cook, shall constitute the Twenty-first district. 



G54 


ELECTIONS. 


[Div. IX. 


Twenty-second—The counties of Vermillion and Edgar shall 
constitute the Twenty-second district. 

Twenty-third—The Fifteenth ward, that part of the Six¬ 
teenth ward, bounded as follows: Beginning at the intersection 
of North avenue and Ashland avenue and running west on the 
center line of North avenue, to the center line of Ro¬ 
bey street, thence running south along the center line 
of Robey street to the center line of Division street, thence 
running east along the center line of Division street to the 
center line of Ashland avenue, thence running north along the 
center line of Ashland avenue to the place of beginning, that part 
of the Thirty-fifth ward lying north of a line beginning at the 
intersection of Kedzie and Chicago avenues and running west 
along the center line of Chicago avenue to the center line of 
Park avenue, thence running south along the center line of Park 
avenue, to the center line of Lake street, and thence running west 
along the center line of Lake street to the center line of Austin ave¬ 
nue, in the city of Chicago, and that part of the town of Cicero lying 
north of the center line of Twelfth street, all in the county of 
Cook, shall constitute the Twenty-third district. 

Twenty-fourth—The counties of Champaign, Piatt and 
Moultrie shall constitute the Twenty-fourth district. 

Twenty-fifth—The Twenty-seventh and Twenty-eight wards 
in the city of Chicago, in the county of Cook, shall constitute the 
Twenty-fifth district. 

Twenty-sixth—The counties of McLean and Ford shall con¬ 
stitute the Twenty-sixth district. 

Twenty-seventh—The Sixteenth ward, except that part 
bounded as follows: Beginning at the intersection of North ave¬ 
nue and Ashland avenue, and running west on the center line of 
North avenue to the center line of Robey street, thence running 
south along the center line of Robey street to the center line of 
Division street, thence running east along the center line of 
Division street to the center line of Ashland avenue, thence run¬ 
ning north along the center line of Ashland avenue to the place 
of beginning, that part of the Seventeenth ward bounded as fol¬ 
lows: Beginning at the intersection of Ashland avenue and Di¬ 
vision street and running south along the center line of Ash¬ 
land avenue to the center line of Augusta street, thence running 
east along the center line of Augusta street to the center line of 
Holt street, thence running south along the center line of Holt 
street to the center line of Cornell street, thence running east 
along the center line of Cornell street to the center line of Mil¬ 
waukee avenue, thence running southeast along the center line of 
Milwaukee avenue to the center line of Green street, thence run- 




Div. IX.] 


SENATORIAL APPORTIONMENT. 


655 


ning south along the center line of Green street to the center line 
of Kinzie street, thence running east along the center line of 
Kinzie street to the north branch of the Chicago river, thence 
running northwest along the north branch of the Chicago river 
to the center line of Division street, thence running west along 
the center line of Division street to the place of beginning, and 
the Eighteenth ward, in the city of Chicago, in the county of 
Cook, shall constitute the Twenty-seventh district. 

Twenty-eighth—The counties of Logan, De Witt and Macon 
shall constitute the Twenty-eighth district. 

Twenty-ninth—The Twenty-first ward, except that part 
thereof lying north of a line beginning at the intersection of 
Goethe and Sedgwick streets and running east along the center 
line of Goethe street to the center line of State street, thence 
running north along the center line of State street to the center line 
of Schiller street, and thence running along the center line of 
Schiller street to Lake Michigan, and the Twenty-second ward, 
except that part thereof lying west of the center line of Halsted 
street, and except that part of said ward lying north and west of 
a line beginning at the intersection of North avenue and Sedg¬ 
wick street and running south along the center line of Sedgwick 
street to the center line of Sigel street, thence running west along 
the center line of Sigel street to the center line of Cleveland 
avenue, thence running south along the center line of Cleveland 
avenue to the center line of Clybourn avenue, thence running in 
a northwesterly direction along the center line of Clybourn ave¬ 
nue to the center line of Larrabee street, thence running south 
along the center line of Larrabee street to the center line of Di¬ 
vision street, and thence west along the center line of Division 
street to the center line of Halsted street, in the city of Chicago, 
in the county of Cook, shall constitute the Twenty-ninth dis¬ 
trict. 

Thirtieth—The counties of Tazewell, Mason, Menard, Cass, 
Brown and Schuyler shall constitute the Thirtieth district. 

Thirty-first—That part of the Twenty-first ward lying north 
of a line beginning at the intersection of Goethe and Sedgwick 
streets and running east along the center line of Goethe street to 
the center line of State street, thence running north along the 
center line of State street to the center line of Schiller street, and 
thence running east along the center line of Schiller street to 
Lake Michigan, all that part of the Twenty-second ward lying 
west of the center line of Halsted street and that part of the 
Twenty-second ward lying east of the center line of Halsted 
street and north of a line beginning at the intersection of Hal¬ 
sted and Division streets and running east along the center line 




656 


ELECTIONS. 


[Div. IX. 


of Division street to the center line of Larrabee street, thence 
running north along the center line of Larrabee street to the cen¬ 
ter line of Clybourn avenue, thence running in a southeasterly di¬ 
rection along the center line of Clybourn avenue to the center line 
of Cleveland avenue, thence running north along the center line 
of Cleveland avenue to the center line of Sigel street, and thence 
running east along the center line of Sigel street to the center 
line of Sedgwick street, that part of the Twenty-third ward lying 
east of the center line of Halsted street, and that part of the 
Twenty-fifth ward lying south of the center line of Devon avenue, 
all in the city of Chicago, in the county of Cook, shall constitute 
the Thirty-first district. 

Thirty-second—The counties of McDonough, Hancock and 
Warren shall constitute the Thirty-second district. 

Thirty-third—The counties of Rock Island, Mercer and Hen¬ 
derson shall constitute the Thirty-third district. 

Thirty-fourth—The counties of Douglas, Coles and Clark 
shall constitute the Thirty-fourth district. 

Thirty-fifth—The counties of Whiteside, Lee and DeKalb 
shall constitute the Thirty-fifth district. 

Thirty-sixth—The counties of Scott, Calhoun, Pike and 
Adams shall constitute the Thirty-sixth district. 

Thirty-seventh—The counties of Henry, Bureau and Stark 
shall constitute the Thirty-seventh district. 

Thirty-eighth—The counties of Greene, Montgomery, Jersey 
and Macoupin shall constitute the Thirty-eighth district. 

Thirty-ninth—The county of LaSalle shall constitute the 
Thirty-ninth district. 

Fortieth—The counties of Christian, Shelby, Fayette and 
Cumberland shall constitute the Fortieth district. 

Forty-first—The counties of DuPage and Will shall consti¬ 
tute the Forty-first district. 

Forty-second—The counties of Clinton, Marion, Clay and 
Effingham shall constitute the Forty-second district. 

Forty-third—The counties of Knox and Fulton shall consti¬ 
tute the Forty-third district. 

Forty-fourth—The counties of Washington, Randolph, 
Perry, Monroe and Jackson shall constitute the Forty-fourth 
district. 

Forty-fifth—The counties of Morgan and Sangamon shall 
constitute the Forty-fifth district. 

Forty-sixth—The counties of Jefferson, Wayne, Richland 
and Jasper shall constitute the Forty-sixth district. 

Forty-seventh—The counties of Madison and Bond shall 
constitute the Forty-seventh district. 



Div. IX.] 


THE MANNER OF HOLDING ELECTIONS. 


657 


Forty-eighth—The counties of Hardin, Gallatin, White, Ed¬ 
wards, Wabash, Lawrence and Crawford shall constitute the 
Forty-eighth district. 

Forty-ninth—The county of St. Clair shall constitute the 
Forty-ninth district. 

Fiftieth—The counties of Franklin, Williamson, Union, 
Alexander and Pulaski shall constitute the Fiftieth district. 

Fifty-first—The counties of Hamilton, Saline, Pope, John¬ 
son and Massac shall constitute the Fifty-first district. 

160. The words “ward,” “street,” “avenue” and “boulevard” 
in the city of Chicago defined.] § 2. Wherever the words “ward” 
or “wards,” or “street” or “streets,” or “avenue” or “avenues,” or 
“boulevard” or “boulevards,” and all other boundary lines of 
whatever name or description, in the city of Chicago, are used in 
this Act, they shall be construed as meaning the ward or wards, 
and street or streets, and avenue or avenues, and boulevard or 
boulevards, or other proper description, as existing in the said 
city at the time of the passage of this Act. 

161. Repeal.] § 3. An Act entitled, “An Act to apportion 
the State of Illinois into Senatorial districts, and to repeal certain 
Acts therein named,” approved June 15, 1893, in force July 1,1893, 
and an Act entitled, “An Act to amend Sections one (1) and 
two (2) of an Act to apportion the State of Illinois into Sena¬ 
torial districts, and to repeal certain Acts therein named,” ap¬ 
proved January 11, 1898, in force July 1, 1898, and all Acts and 
parts of Acts in conflict herewith are hereby repealed. 

TO REGULATE THE MANNER OF HOLDING ELECTIONS. 

AN ACT to provide for the printing and distribution of ballots at public 
expense, and for the nomination of candidates for public offices, to 
regulate the manner of holding elections and to enforce the secrecy of 
the ballot. [Approved June 22, 1891. In force July 1, 1891. Laws 
1891, p. 108.] 

162. Ballots printed at public expense. 

163. Expense to be borne by cities, etc. 

164. Nomination of candidates. 

165. Cancus nominations—certificate. 

166. Nomination certificates—signatures. 

167. Petitions for nomination. 

168. Nomination papers—requisites. 

169. Certificates to be filed. 

170. Withdrawal of nominations. 

171. Death or declination of candidate—vacancy. 

172. Certificates of nomination—objections. 

173. Nomination to fill vacancy. 

174. Pasters—stamping on ballots. 

175. Notice to county clerk. 

176. Ballot—what to contain—how printed—form. 



658 


ELECTIONS. 


[Div. IX. 


177. Printing of ballots—by what officers. 

178. Vote on constitutional amendment—form of ballot. 

179. Repeal. 

180. Ballot for representatives in general assembly—how counted. 

181. Printed instructions for voters. 

182. Instruction cards and specimen ballots to be posted—list of nom¬ 

inations. 

1'83. Judges have charge of ballots. 

184. Booths at polling places, stationery, etc.—booths private. 

185. Manner of voting—checking on register list. 

186. Manner of preparing ballot. 

187. Assistance to illiterate voter. 

188. Absence for voting purposes—employer preventing—penalty. 

189. Ballots not counted—spoiled ballots. 

190. Canvass of votes—proclamation—ballot “objected to”—“defective” 

—ballots destroyed. 

191. Electioneering at polls prohibited—penalty. 

192. Unlawful exhibition of ballot—false statement—penalty. 

193. Destroying poster lists, etc.—penalty. 

194. Destroying, etc., certificate of nomination—spurious ballot, etc.— 

penaltv. 

195. Neglect of officer to perform duties. 

196. Published in pamphlet form. 

197. Time noils to be kept open. 

198. Repeal of prior acts—effect on penalties. 

199. Newspaper publication of this law. 

162. Ballots printed at public expense.]. § 1. Be it enacted 

by the people of the State of Illinois, represented in the General 
Assembly: That in all elections hereafter to be held in this 
State for public officers, except for trustees of schools, school di¬ 
rectors, members of boards of education, officers of road dis¬ 
tricts in counties not under township organization, the voting 
shall be by ballots printed and distributed at public expense as 
hereinafter provided, and no other ballot shall be used. 

163. Expense borne by cities, etc.] § 2. The printing and 
delivery of the ballots and cards of instruction to voters herein¬ 
after described shall, in municipal elections in cities, villages and 
incorporated towns be paid for by the several cities, villages and 
incorporated towns respectively, and in town elections by the 
town, and in all other elections the printing of the ballots and 
cards of instruction for the voters in each county and the delivery 
of them to the several voting precincts and election districts shall 
be paid for by the several counties respectively. The term “gen¬ 
eral election,” as used in this Act, shall apply to any election held 
for the choice of a national, State, judicial, district, or county 
officer, whether for the full term or for the filling of a vacancy. 
The term “city election” shall apply to any municipal election 
held in a city, village or incorporated town. 

164. Nomination of candidates.] § 3. Any convention of 



Div. IX.] 


THE MANNER OF HOLDING ELECTIONS. 


659 


delegates, and any caucus or meeting of qualified voters, as here¬ 
inafter defined, and individual voters to the number and in the 
manner hereinafter specified may nominate candidates for po¬ 
litical office, whose names shall be placed upon the ballots to be 
furnished as hereinafter provided: Provided, that in any county, 
city, village or incorporated town, respectively, in which an Act 
entitled, “An Act providing for primary elections of delegates to 
nominating conventions of political parties or organizations, and 
to promote the purity thereof by regulating the conduct thereof, 
and to support the privileges of free suffrage thereat by prohibit¬ 
ing certain Acts and practices in relation thereto, and providing 
for the punishment thereof/’ shall be in force; no candidate nom¬ 
inated by any convention of any political party or organization 
of any such county city, village or incorporated town or any 
part thereof, or for the Congress of the United States, shall have 
his name printed on any official ballot printed and distributed at 
the public expense in such county, city, village or incorporated 
town, or any part thereof, unless such candidate shall be nomi¬ 
nated by a convention composed of delegates elected for that pur¬ 
pose at the primary election of such political party last preceding 
the holding of such convention, according to the Act entitled, 
“An Act providing for primary elections of delegates to nominat¬ 
ing conventions of political parties or organizations and to pro¬ 
mote the purity thereof by regulating the conduct thereof, and 
to support the privileges of free suffrage thereat by prohibiting 
certain Acts and practices in relation thereto, and providing for 
the punishment thereof.” 1 [As amended by Act approved and in 
force February 10, 1898. 

165. Caucus Nominations—Certificate.] § 4. Any conven¬ 
tion of delegates, caucus or meeting representing a political party 
which at the general election next preceding polled at least two 
(2) per cent of the entire vote cast in the State, or in the electoral 
district or division thereof, or the municipality for which the 
nomination is made, may for the State, or for the electoral district 
or division thereof or municipality for which the convention, 
caucus or meeting is held, as the case may be, by causing a cer¬ 
tificate of nomination to be duly filed, make one such nomination 
for each office therein to be filled at the election. Every such 
certificate of nomination shall state such facts as are required in 
section six (6) of this Act, and shall be signed by the presiding officer 
and by the secretary of the convention, caucus or meeting, who 
shall add to their signatures their places of residence. Such cer¬ 
tificates shall be sworn to by them to be true to the best of their 

See Li. & N. R. R. Co. v. E. St. Louis, 134 Ill. 661, and Callon v. City of Jackson¬ 
ville, 147 Ill. 118. 




660 


ELECTIONS. 


[Div. IX. 


knowledge and belief, and a certificate of the oath shall be an¬ 
nexed to the certificate of nomination. 

166. Nomination certificates—Signatures.] § 5. Nomina¬ 
tions of candidates for any office to be filled by the voters of the 
State at large may also be made by nomination papers, signed 
in the aggregate for each candidate by not less than one thou¬ 
sand (1,000) qualified voters of the State. Nominations of can¬ 
didates for office within any district or political division less than 
the State, and in all cities having a population in excess of 5,000, 
may be made by nomination papers signed in the aggregate for 
each candadate by qualified voters of such district or political 
division, not less than one for each fifty persons who voted at the 
next preceding general election, in such district or division, but 
in no case by less than twenty-five (25). In elections to be held 
in a town, village, precinct or ward, and in all cities with a popu¬ 
lation not exceeding 5,000, the signature of voters thereof equal¬ 
ing five per cent of the vote cast therein at the last preceding 
election shall be sufficient for the nomination of a candidate who 
is to be voted for only in such town, village, precinct or ward or 
city. Each voter signing the nomination paper shall add to his 
signature his place of residence, and each voter may subscribe 
to one nomination for each office to be filled, and no more: Pro¬ 
vided, that the name of any candidate whose name may appear in 
any other place upon the ballot, shall not be so added by petition 
for the same office. 

167. Petitions for nomination.] § 5^2. All petitions for 
nomination of candidates for public office in this State shall, in 
addition to other requirements provided by law, be as follows: 

Form of Certificate of Nomination. 

To be filed with the township clerk at least fifteen days before election. 
To -, clerk of the - of - in the county of -, State of 

Illinois: 

This is to certify, that an assembly of qualified electors of the - 

aforesaid, representing the - party [which party polled not less than 

2 per cent of the whole number of votes delivered in the last preceding 

general election] was held at-, in said-on the-day of-, 

A. D. 19—, for the purpose of nominating candidates for the offices to be 

filled by the Municipal election to be holden on - the - day of 

April, A. D. 19—, and that the persons named below were duly nominated 
candidates for -the several offices designated at the left of their names, 
respectively, and that each of said candidates represents the tenets of the 
party aforesaid. 

Offices to be filled. Names of candidates. Place of residence. 

Given under our hands this- day of-, A. D. 19—. 

- Secretary. --— Chairman. 

Residence - Residence - 





















Div. IX.] 


THE MANNER OF HOLDING ELECTIONS. 


661 


Such petitions shall consist of sheets of uniform size and each 
sheet shall contain, above the space for signatures, an appropriate 
heading, giving the information as to name of candidate or can¬ 
didates in whose behalf such petition is signed; the office; the 
party or political principle; place of residence, and such other 
information or wording as required to make same valid, and the 
heading of each sheet shall be the same. Such petition shall be 
signed by the qualified voters in their own proper persons only, 
and opposite the signature of each signer his residence address 
shall be written (and if a resident of a city having a population 
of over 10,000 by the then last preceding federal census, the street 
and number of such residence shall be given.) No signature shall 
be valid or be counted in considering the validity or sufficiency of 
such petition unless the requirements of this section are complied 
with. At the bottom of each sheet of such petition shall be ad¬ 
ded a statement, signed by an adult resident of the political divi¬ 
sion for which the candidate is nominated, stating his residence 
address (and if a resident of a city having a population of over 
10,000 by the then last preceding federal census, also stating the 
street and number of such residence), certifying that the signa¬ 
tures on that sheet of said petition were signed in his presence 
and are genuine; and that to the best of his knowledge and be¬ 
lief the persons so signing were at the time of signing said peti¬ 
tion qualified voters (and in cities, villages and incorporated 
towns in which voters are or may be required to be registered, 
that they were also at the time of signing said petition duly 
registered voters) of the political division for which the candidate 

Petition for Nomination for Township officers. 

To -, clerk of the township of -, county of - and State of 

Illinois: 

The undersigned, qualified voters of the said township in said county 

of -, and State of Illinois, being in number not less than five per cent 

of the whole number of votes cast therein at the last preceding general elec¬ 
tion, in their own proper persons, do hereby nominate the persons, named 
below, as candidates for the offices designated at the right of their names, 
to be voted for at the annual township election to be held in said township 

on Tuesday, the - day of April, A. D. 19—, and we request that the 

names of said candidates be printed on the official voting papers for the said 
election, to-wit: 

Names of candidates —- 

Party or political principle, which they represent -. 

Offices to which they are nominated -. 

Place of residence of candidates -. 

And we do hereby certify that we have not subscribed to any other 
nomination or nominations for any of said^ offices and have not voted at a 
primary election held to nominate a candidate or candidates for any office 
or offices to be voted upon at the said election to be held on the date named 
above, and that we are, at the time of the signing of this petition for nomi- 












662 


ELECTIONS. 


[Div. IX. 


is nominated, and that their respective residences are correctly 
stated therein. Such statement shall be sworn to before some 
officer of the county in which the person making such statement 
resides, authorized to administer oaths therein. Such sheets, 
before being filed, shall be neatly fastened together in 
book form by placing the sheets in a pile and fasten¬ 
ing them together at one edge in a secure and suit¬ 

able manner, and the sheets shall then be numbered con¬ 
secutively. The sheets shall not be fastened by pasting them 
together end for end, so as to form a continuous strip or roll. 

Said petition, when filed, shall not be withdrawn, or added to, 

and no signature shall be revoked except by revocation filed in 
writing with the clerk with whom the petition is required to be 
filed, and before the filing of such petition. Whoever, in making 
the sworn statement above prescribed, shall knowingly, wilfully 
and corruptly swear falsely, shall be deemed guilty of perjury, 
and on conviction thereof shall be punished accordingly. Who¬ 
ever forges any name of a signer upon any petition shall be 
deemed guilty of a forgery, and on conviction thereof, shall be 
punished accordingly. The word “petition” or “petition for 
nomination,” as used herein, shall mean what is sometimes known 
as nomination papers, in distinction to what is known as a certifi¬ 
cate of nomination. The word “political division for which the 
candidate is nominated,” or its equivalent shall mean the largest 
political division in which all qualified voters may vote upon such 

nation, qualified and duly registered voters of the said township of -, 

for which said candidates are nominated, and that our respective residences 
are correctly stated herein. 

Signatures of petitioners. Residence addresses of petitioners. 

STATEMENT. 

I, --—, do hereby certify that I am an adult resident of and reside 

at -, in the township of -, county of-—, and State of Illinois; 

that the signatures on this sheet of said petition were signed in my presence 
and are the genuine signatures of the persons whose names are contained 
thereon. That to the best of my knowledge and belief the persons so signing 
said petition were, at the time of signing the same, duly qualified voters and 
that they were also, at the time of signing said petition, duly registered 
voters of the political division for which the said candidates above named 
are nominated, and that their respective residences are correctly stated therein. 
State of Illinois, J 

County of -, f 

On this - day of -, A. D. 19 —, personally appeared before me 

-, a notary public in and for the county and State aforesaid, -, 

who being by me first duly sworn upon oath does depose and say that the 
foregoing statement by him made and subscribed is true in substance and 
in fact. 

Sheet number -. . _ _ Notary Public. 

The petition for nomination must be filed with town clerk at least fifteen 
days prior to day of election. 











Div. IX.] 


THE MANNER OF HOLDING ELECTIONS. 


663 


candidate, as the State in the case of State officers; the town in 
the case of town officers et cetera. Provided, further, that any 
person who has already voted at a primary election held to nomi¬ 
nate a candidate or candidates for any office or offices, to be 
voted upon at any certain election, shall not be qualified to sign 
a petition of nomination for candidate or candidates, for the same 
office or offices, to be voted upon at the same certain election, 
[added by amendment by Act in force July 1, 1905. Laws 1905, p. 
208. 

168. Nomination papeis—Requisites.] §6. All certificates 
of nomination or nomination papers shall, besides containing the 
names of candidates, specify as to each: 

1. The office to which he is nominated. 

2. The party or political principle which he represents, ex¬ 
pressed in not more than five (5) words. 

3. His place of residence with the street and number thereof, 
if any. In the case of electors for president and vice president of 
the United States, the names of the candidates for president and 
vice president may be added to the party or political appellation. 

169. Certificates to be filed.] § 7. Certificates of nomina¬ 
tion and nomination papers for the nomination of candidates for 
offices to be filled by the electors of the entire State, or any divi¬ 
sion or district greater than a county, shall be filed with the Sec¬ 
retary of State at least thirty days previous to the day of election 
for which the candidates are nominated. All other certificates for 
the nomination of candidates shall be filed with the county clerk 
of the respective counties at least thirty days previous to the 
day of such election: Provided, that certificates of nomination 
and nomination papers for the nomination of candidates for the 
offices in cities, villages and incorporated towns, and for town 
offices in counties under township organization, shall be filed 
with the clerks of the towns, cities, villages and incorporated 
towns, at least fifteen days previous to the day of such election: 
Provided, that in cities having a population of 500,000 or more 
that certificates of nomination and nomination papers for the 
nomination of candidates for the offices in such cities shall be 
filed with the city clerk of such cities at least twenty-five days 
previous to the day of such election. [As amended by Act ap¬ 
proved May 16, 1905. In force July 1, 1905. Laws 1905, p. 208.* 

170. Withdrawal of nomination.] §8. Any person whose 
name has been presented as a candidate or who has been nomi¬ 
nated by more than one convention, caucus or meeting of quali¬ 
fied voters, may cause his name to be withdrawn from any such 
nomination by his request in writing, signed by him and duly 




664 


ELECTIONS. 


[Div. IX. 


acknowledged before an officer qualified to take acknowledg¬ 
ment of deeds, and filed with the Secretary of State not less than 
twenty-five days (25), or with the proper clerk not less than 
thirteen (13) days previous to the day of election, and no name so 
withdrawn shall be printed upon the ballots under the party ap¬ 
pellation or title from which the candidate has withdrawn his 
name. In case the certificate of nomination or petition as pro¬ 
vided for in this Act shall contain or exhibit the name of any 
candidate for any office upon more than one of said certificates 
or petitions (for the same office), then and in that case the Sec¬ 
retary of State or county clerk, as the case may be, shall im¬ 
mediately notify said candidate of said fact and that his name 
apears unlawfully upon more than one of said certificates or pe¬ 
titions, and that within three days (3) from the receipt of said 
notification, said candidate must elect as to which of said political 
party appellations or groups he desires his name to appear and re¬ 
main under upon said ballot, and if said candidate refuses, fails 
or neglects to comply with the provisions, herein, then, and in 
that case the Secretary of State or county clerk, as the case may 
be, shall not permit the name of said candidate to appear or be 
printed or placed upon said ballot under any or either of said 
political party appellations or groups. All certificates of nomina¬ 
tion and nomination papers, when filed, shall be open, under the 
proper regulation, to public inspection, and the Secretary of State 
and the several clerks having charge of nomination papers shall 
preserve the same in their respective offices not less than six 
months. [As amended by Act approved May 15, 1903. In force 
July 1, 1903. Laws 1903, p. 174. 

171. Death or declination of candidate—Vacancy.] §9. In 


Form of Withdrawal of Candidate. 

To - 

You are hereby notified that I, the undersigned, do hereby withdraw 

my name from nomination as a candidate for the office of -, in-, 

and you are hereby requested to place such withdrawal on file in your office. 

Dated this - day of-, A. D. 19—. 

The State of Illinois ,) 

- County, j ss> 

On this - day of -, A. D. 19 —, personally appeared before me 

the above named -, and acknowledged the foregoing withdrawal to be 

his voluntary act. - Notary Public. 

The withdrawal must be delivered to the Secretary of State at least 25 
days, or to the proper local clerk at least 13 days, before the day of election. 
State of Illinois, } 

County of -, f s ' 

Personally appeared before me, a-in and for the county and State 

aforesaid, the persons whose names are subscribed to the foregoing certificate 
of nomination, and who, being duly sworn, do depose and say that the st.«**e- 
















Div. IX.] 


THE MANNER OF HOLDING ELECTIONS. 


665 


case a candidate who has been duly nominated under the pro¬ 
visions of section six (6) of this Act die before election, day, or de¬ 
cline the nomination, as in this Act provided, or should any certifi¬ 
cate of nomination be held insufficient or inoperative by the 
officer with whom they may be filed, the vacancy or vacancies 
thus occasioned may be filled by the political party or other per¬ 
sons making the original nominations, or, if the time is insuffi¬ 
cient therefor, then the vacancy may be filled, if the nomination 
was by convention or caucus, in such manner as the convention 
or caucus had previously provided, or, in case of no such previous 
provision, then by a regularly elected general or executive com¬ 
mittee representing the political party or persons holding such 
convention, meeting or caucus. The certificates of nomination 
made to supply such vacancy shall state, in addition to the other 
facts requited by section six (6) of this Act, the name of the original 
nominee, the date of his death or declination of nomination, or 
the fact that the former nomination has been held insufficient or 
inoperative, and the measures taken in accordance with the above 
requirements for filling a vacancy, and it shall be signed and 
sworn to by the presiding officer and secretary of the convention 
or caucus, or by the chairman and secretary of the duly author¬ 
ized committee, as the case may be. 

172. Certificates of nomination—Objections.] § 10. The 
certificates of nomination and nomination papers being so filed, 
and being in apparent conformity with the provisions of this Act, 


ments contained in said certificate are true to the best of their knowledge 
and belief. 

Subscribed and sworn to before me this - day of -, A. D. 19—. 


Form of Certificate of Nomination to Fill Vacancy. 

[To be filed immediately with same officer as original nomination paper. 

We, the undersigned, do hereby certify that at [state the mode, time and 
place of the original nomination ], A. B. of 
office of 


that on the - day of 


was nominated for the 
A. D. 19 —, the said A. B. 


[state how vacancy caused] thereby causing a vacancy in the candidature for 
said office; and that, in accordance with law, nomination has been made to 
fill said vacancy as follows: 

Office to be filled. -. 


Name of candidate -. 

Residence -- , , . , 

We further certify that said nomination has been made by the same 
authority that made the original nomination, and in due conformity with law. 

(Signed) - Chairman. 

Personally appeared before me this — day of —-, A D. 19— the 

persons whose names are subscribed to the above certificate, who being duly 
sworn, on their oaths say, that the same is true to the best of their knowl- 
edge and belief. - Notary Pub!ic 















666 


ELECTIONS. 


[Div. IX. 


shall be deemed to be valid, unless objection thereto is duly made 
in writing. Such objections or other questions arising in rela¬ 
tion thereto in the case of nomination of State officers shall be 
considered by the Secretary of State and the Auditor and At¬ 
torney General, and the decision of the majority of these officers 
shall be final. Such objections or questions arising in 
the case of nominations for officers to be elected by 
the voters of a division less than the State and greater 
than a county, shall be considered by the county judges 
of the counties embraced in such division, and the decision of a 
majority of these officers shall be final. Such objections or ques¬ 
tions arising in the case of nominations of candidates for county 
offices, shall be considered by the county judge, county clerk, 
and State’s attorney for such county, and the decision of a ma¬ 
jority of said officers shall be final. Objections or questions aris¬ 
ing in the case of nominations of city, town or village officers 
shall be considered by the mayor or president of the board of 
trustees, and the city, town or village clerk, with wfTom one 
alderman or trustee thereof, as the case may be, chosen by lot 
shall act, and the decision of a majority of such officers shall be 
final. Such objections arising in the case of nominations of town 
officers shall be considered by the board of auditors of such town, 
and the decision of a majority of such auditors shall be final. In 
any case where such objection is made, notice shall forthwith be 
given to the candidates affected thereby addressed to their places 
of residence as given in the nomination papers and stating the 
time and place, when and where such objections will be consider- 
ered: Provided, that in cities, towns or villages having a board 
of election commissioners such questions shall be considered 
by such board and its decision shall be final. 

173. Nominations to fill vacancy.] § 11. When such cer- 


Form of Objection to Nomination. 

To 

Board of Review for 

We the undersigned electors in - and State of Illinois, hereby 

object to and protest against the nomination of-as a candidate for the 

office of > -, to be filled by election on the - day of -, A. D. 

19 —, which said nomination has been filed in the office of -; and for 

the bases of this our objection show as follows: 

Wherefore we say that said nomination has not been made according to 
law, and respectfully request that the same be declared void and that the 

name of said - be excluded from the official voting-paper to be used 

in said proximate election. 

Respectfully submitted this-day of-, A. D. 19 —. 


Objectors. 













Div. IX.] 


THE MANNER OF HOLDING ELECTIONS. 


667 


tificate is filed with the Secretary of State he shall, in certifying 
nominations to the various county clerks, insert the name oi the 
person who has been thus nominated to fill a vacancy in place 
of the original nominee, and in the event that he has already sent 
forward his certificate, he shall forthwith certify to the clerks 
of the proper counties the name and description of the person so 
nominated to fill a vacancy, the office he is nominated for, with 
the other details mentioned in certificates of nominations filed with 
the Secretary of State, and in cases where such clerk is not 
charged by this Act with the printing of the ballots, he shall im¬ 
mediately certify the name so supplied to the authorities charged 
with the printing of the ballots. The name so supplied for the 
vacancy shall, if the ballots are not already printed, be placed on 
the ballots in place of the name of the original nominee; or if the 
ballots have been printed, new ballots, whenever practicable, shall 
be furnished. 

174. Pasters—Stamping on ballots.] § 12. Whenever it 
may not be practicable to have the new ballots printed, it shall 
be the duty of the election officer having charge of the ballots to 
place the name supplied for the vacancy upon each ballot issued 
before delivering it to the voter; the name so supplied may he 
placed upon the ballots either bv affixing a paster or by writing 
or stamping the name on the ballot; and to enable this to be 
done, the officer with whom the certificates of nomination are 
to be filed shall immediately furnish the name of such substituted 
nominee to all judges of election within the territory in which 
such nominee may be a candidate. 

175. Notice to county clerk.] § 13. Not less than fifteen 
days before an election to fill any public office the Secretary of 
State shall certify to the county clerk of each county within 
which any of the electors may by law vote for candidates for 
such office, the name and description of each person nominated 


Form of Notice of Objections to Nomination Papers. 

State of Illinois, ] To-—■ 

County of -, ss. 

- of - J 

Whereas, There has been filed in the office of the clerk of said 
objections in writing to the certificate of your nomination, heretofore filed, 

to the offices of - of said -. Now, therefore, take notice, that 

such objections, and all questions arising inflation thereto,^will be con¬ 
sidered, as the law directs, on the - day of-, A. D. 19 , in 

when and where you may appear. 

Dated this-day of-, A. D. 19—. 


Board of 
— f Decision. 


















668 


ELECTIONS. 


[Div. IX. 


for such office, as specified in the certificates of nomination filed 
with the Secretary of State. In making his certificate to the several 
county clerks, where the name of more than one candidate has been 
nominated by the same political party for any given office, it shall 
be the duty of the Secretary of State to certify the names of such 
candidates in the manner following, to-wit: The name of the candi¬ 
date of such party for such office receiving the highest number of 
votes in the primary election as a candidate for such office, as shown 
by the official returns on file in his office shall be certified first under 
the name of such office, and the names of the remaining candidates 
of such party for such office shall follow in the order of the number 
of votes received by them respectively at the primary election, deter¬ 
mined by official returns on file as aforesaid. The names of candi¬ 
dates of any group of petitioners shall be certified to the several 
county clerks in the order in which such names appear on the peti¬ 
tions on file in his office. [As amended by Act approved June 25, 
1911. In force July 1, 1911. Laws 1911, p. 310. 

176. Ballot—What to contain—How printed—Form.] §14. 
The names of all candidates to be voted for in each election dis¬ 
trict or precinct shall be printed on one ballot; all nominations of 
any political party or group of petitioners being placed under the 
party appellation or title of such party or group as designated by 
them in their certificates of nomination or petitions, or if none 
be designated, then under some suitable title, and the ballot shall 
contain no other names, except that in case of electors for presi¬ 
dent and vice-president of the United States, the names of the 
candidates for president and vice-president may be added to the 
party or political designation. If a constitutional amendment or 
other public measure is submitted to a vote, such question shall be 
printed upon the ballot after the list of candidates, and words calcu¬ 
lated to aid the voter in his choice of candidates or to answer any 
question submitted to vote may be added, such as, “Vote for one,” 
“Vote for three,” “Yes,” “No,” or the like. On the back or outside 
of the ballot, so as to appear when folded, shall be printed the 
words, “Official ballot,” followed by the designation of the polling 
place for which the ballot is prepared, the date of the election and a 
facsimile of the signature of the clerk or other officer who has 
caused the ballots to be printed. The ballots shall be of plain white 
paper, through which the printing or writing can not be read. The 
party appellation or title shall be printed in capital letters, not less 
than one-fourth of an inch in height and a circle one-half inch in 
diameter shall be printed at the beginning of the line in which such 
appellation or title is printed. The names of candidates shall be 
printed in capital letters not less than one-eighth nor more than 
one-fourth of an inch in height, and at the beginning of each line in 



Div. IX.] THE MANNER OF HOLDING ELECTIONS. 


669 


which a name of a candidate is printed a square shall be printed, 
the sides of which shall not be less than one-fourth of an inch in 
length. The list of candidates of the several parties and groups of 
petitioners shall be placed in separate columns on the ballot in such 
order as the authorities charged with the printing of the ballots shall 
decide: Provided, that the names of the candidates of the several 
political parties, and groups of petitioners, certified by the Secretary 
of State to the several county clerks, shall be printed by the county 
clerk of the proper county on the official ballot in the order certified 
by the Secretary of State. Any county clerk refusing, neglecting or 
failing to print on the official ballot the names of candidates of the 
several political parties in the order certified by the Secretary of 
State shall be guilty of a misdemeanor and on conviction shall be 
fined in any sum not exceeding five hundred dollars and imprisoned 
in the county jail not less than ten days, and not more than thirty 
days. 

As nearly as practicable the ballot shall be in the following 
form: 


O REPUBLICAN. 

For Governor 

□ JOSEPH W. FIFER. 
For Lieutenant Governor 

□ LYMAN B. RAY. 
For Secretary of State 

□ I. N. PEARSON. 


O DEMOCRATIC. 

For Governor 

□ JOHN M. PALMER. 
For Lieutenant Governor 

□ ARTHUR J. BELL. 
For Secretary of State 

□ NEWELL D. RICKS. 


O PROHIBITION. 

For Governor 

□ DAVID H. HARTS. 
For Lieutenant Governor 

□ JOS .L. WHITLOCK. 
For Secretary of State 

□ JAMES R. HANNA. 


[And continuing in like manner as to all candidates to be voted 
for at such election.] [As amended by Act approved June 5, 1911. 
In force July 1, 1911. Laws 1911, p. 310. 

177. Printing of ballots—By what officers.] § 15. For all 

elections to which this Act applies, the county clerks, in their re¬ 
spective counties, shall have charge of the printing of the ballots 
for all general elections, and shall furnish them to the judges of 
election; the city, town or village clerk shall have charge thereof 
and furnish them in all city elections, and the town clerk in coun¬ 
ties under township organization shall have charge thereof and 
furnish the same in all town elections to which this Act applies: 
Provided, that in cities, towns or villages having a board. of 
election commissioners, such board shall have charge of the print¬ 
ing of the ballots and furnish them to the judges of election with¬ 
in the territory under their jurisdiction. Ballots shall be printed 
and in possession of the officer charged with their distribution at 
least two days before the election and subject to the inspection 
of candidates and their agents; if any mistakes be discovered 
they shall be corrected without delay. The officer so charged 
with the printing of the ballots shall cause to be delivered to the 



070 


ELECTIONS. 


[Div. IX. 


judges of election at the polling place of each precinct or dis¬ 
trict, not less than twelve hours before the time fixed by law for 
the opening of the polls therein, one hundred ballots of the kind 
to be voted in such precinct or district for every fifty votes cast 
therein at the last preceding election for State officers; such bal¬ 
lots shall be put up in separate sealed packages, with marks on 
the outside clearly designating the polling place for which they 
are intended and the number of ballots enclosed, and receipt 
therefor shall be given by the judges of election to whom they 
are delivered, which receipt shall be preserved by the officer 
charged with the printing of the ballots. The officer or authorities 
charged with the printing and distributing of the ballots shall 
provide and retain at his or their office an ample supply of 
ballots, in addition to those distributed to the several voting 
precincts or districts, and if at any time on or before the day 
of election the ballots furnished to any precinct shall be lost, 
destroyed or exhausted before the polls are closed, on written appli¬ 
cation signed by a majority of the judges of such precinct or district, 
or signed and sworn to by one of such judges, he shall immediately 
cause to be delivered to such judges, at the polling place, such addi¬ 
tional supply of ballots as may be required and sufficient to comply 
with the provisions of this Act. 

178. Vote on constitutional amendment—Form of ballot.] 

§ 16. Whenever a constitutional amendment or other public meas¬ 
ure is proposed to be voted upon by the people, the substance of 
such amendment or other public measure shall be clearly indicated 
[on a separate ballot] and two spaces shall.be left upon the right- 
hand margin thereof, one for the votes favoring the amendment or 
public measure, to be designated by the word “Yes,” and one for 
votes opposing the amendment or measure, to be designated by the 
word “No,” as in the form herein given: 


Proposed amendment to the constitution (or other measure) ... 

.| Yes | X | 

Here print the substance of the amendment (or other measure) . 

•1 No | | 


The elector shall designate his vote by a cross mark, thus: 
(X.) The said separate ballot shall be printed on paper of suffi¬ 
cient size so that when folded once it shall be large enough to 
contain the following words, which shall be printed on the back: 
“Ballot for Constitutional Amendment,” or the name of any and 
all public measures then to be voted on. This ballot shall be 
handed to the elector at the same time as the ballot containing 










Div. IX.] THE MANNER OF HOLDING ELECTIONS. 


071 


the names of the candidates, and returned therewith by the 
elector to the proper officer in the manner described by this Act. 
All provisions of this Act relating to ballots shall apply to this 
separate ballot. [As amended by Act approved, April 24, 1899. 
In force July 1, 1899. Laws 1899, p. 151. 

179. Ballot for representatives in General Assembly, how 
counted.] § 17. No number of votes shall be printed on any 
ballot after the name of any candidate for representative in the 
General Assembly. In canvassing the vote for representatives in 
the General Assembly, the ballots shall be counted in the manner 
following: 

First. Where the names of three candidates for representa¬ 
tives in the General Assembly are printed under one party 
appellation or title and a cross, thus X, is placed at the appro¬ 
priate place preceding such party appellation or title and the 
ballot is not otherwise marked, for representatives in the General 
Assembly, it shall be counted one and one-half votes for each of 
said candidates. 

Second. Where the names of two candidates for representa¬ 
tives in the General Assembly are printed under one party 
appellation or title and a cross, thus X, is placed at the appro¬ 
priate place preceding such party appellation or title and the 
ballot is not otherwise marked, for representatives in the Gen¬ 
eral Assembly, it shall be counted one and one-half votes for 
each of said candidates. 

Third. Where the name of but one candidate for representa¬ 
tives in the General Assembly is printed under one party appella¬ 
tion or title and a cross, thus X, is placed at the appropriate 
place preceding such party appellation or title and the ballot is 
not otherwise marked, for representatives in the General Assem¬ 
bly, it shall be counted three votes for said candidate. 


Form of Requisition for Additional Ballots. 
State of Illinois, ] 

County of -, I ss. Election Precinct No. - 

- of 


To 


clerk of said 


Whereas, - the voting papers delivered to the Judges of Election 

in the - precinct of - of said —-- have been - and mote 

voting papers are needed for the election in said precinct, now this is to 
require that you cause to be delivered immediately to the said Judges of 
Election additional voting papers for said precinct, as the law provides. 

Dated this - day of-, A. D. 19—. 

Judges of Election. 

I _, do solemnlv swear that I am the Judge of the election in the 

above mentioned precinct whose name is signed to the foregoing requisition 
for additional voting papers, and that the statements therein contained are 
true, as I verily believe. _ 

Subscribed and sworn to before me this - day of -, A. U. 19—. 

















672 


ELECTIONS. 


[Div. IX. 


Fourth. Whether a cross, thus X, is placed at the appro¬ 
priate place preceding any party appellation or title, or not, 
whenever a cross is placed in the square preceding the name 
of any one candidate for representative in the General Assembly 
and the ballot is not otherwise marked, the ballot shall be 
counted three votes for said candidate; where a cross is placed 
in the square preceding the names of any two candidates for 
representatives in the General Assembly and the ballot is not 
otherwise marked, the ballot shall be counted one and one-half 
votes for each of said two candidates; where a cross is placed in 
the squares preceding the names of any three candidates for 
representatives in the General Assembly and the ballot is not 
otherwise marked, the ballot shall be counted one vote for each 
of said three candidates. 

Fifth. Where the voter has indicated his intention by lawful 
marking of his ballot to divide his votes among the candidates 
in any manner other than as specified in the foregoing sections, 
it shall be counted for such candidates according to the intention 
of the voter as disclosed by the marking of the ballot. 

Sixth. If the ballot has been so marked as to indicate an 
intention to cast more than three votes for representatives in 
the General Assembly, such ballot shall not be counted for any 
of such candidates. [As amended by Act approved May 13, 
1905. In force July 1, 1905. Laws 1905, p. 206. 

180. Repeal.] § 2. All Acts and parts of Acts in conflict 
with the provisions of this Act are hereby repealed. [Added by 
Act approved May 13, 1905. In force July 1, 1905. Laws 1905, 

p. 206. 

181. Printed instructions for voters.] § 18. The officer or 
officers whose duty it is to have the ballots printed shall prepare 
full instructions for the guidance of voters at each election as to 
obtaining ballots, as to the manner of marking them and the 
method of gaining assistance and as to obtaining new ballots in 
place of those accidentally spoiled; and they shall respectively 
cause the same, together with copies of sections twenty-one (21), 
twenty-two (22), twenty-three (23), twenty-four (24), twenty- 
five (25), twenty-eight (28) and twenty-nine (29) of this Act, 
to be printed in large, clear type, on separate cards, to be called 
cards of instruction; and such officer or officers shall furnish to 
the judges of election a sufficient number of such cards of instruc¬ 
tion to enable the judges of election to comply with the provi¬ 
sions of this Act. 

182. Instruction cards and specimen ballots to be posted— 
List of nominations to be published.] § 19. The judges of elec- 




Div. IX.] THE MANNER OF HOLDING ELECTIONS. : 673 


tion shall cause not less than one of such cards to be posted in 
each voting booth provided for the preparation of ballots, and 
not less than four of such cards to be posted in and about the 
polling places upon the day of election. Judges of election shall, 
not less than five days prior to an election, cause to be conspicu¬ 
ously posted, in five or more public places in their voting precinct 
or election district, a card of instruction and a specimen ballot 
printed on colored paper, containing the names, residence and 
party or political affiliation of all candidates nominated as herein 
provided, and to be voted for in such precinct, substantially in 
the form of the general ballot to be used herein. The officer or 
officers whose duty it is to cause the printing and distribution of 
ballots shall have printed a sufficient number of specimen ballots 
and deliver the same to the judges of election so as to enable said 
judges to comply with the provisions of this Act. In every 
county of not more than one hundred and fifty thousand 
(150,000) inhabitants, the officers or authorities charged with the 
printing and distribution of the ballots shall cause to be pub¬ 
lished, prior to the day of election, in at least two newspapers, 
if there be so many published in such county, representing the 
political parties which cast at the preceding election, the largest 
and next largest number of votes, a list of all the nominations 
made as herein provided and to be voted for at such election, as 
near as may be, in the form in which they shall appear upon the 
general ballot. [As amended by Act approved April 22, 1899. 
In force July 1, 1899. Laws, 1899, p. 151. 

183. Judges have charge of ballots.] § 20. The judges of 
election of their respective election precincts or election districts 
shall have charge of the ballots and furnish them to the voter 
as hereinafter set forth. 

184. Booths at polling places—Stationery, etc.—Booths 
private.] §21. All officers upon whom is imposed by law the 
duty of designating or providing polling places shall provide in 
each polling place so designated or provided a sufficient number 
of booths, which shall be provided with such supplies and con¬ 
veniences, including shelves, pens, penholders, ink, blotters and 
pencils, as will enable the voter to prepare his ballot for voting, 
and in which voters may prepare their ballots, screened from all 
observation as to the manner in which they do so; and a guard 
rail shall be so constructed and placed that only such persons as 
are inside said rail can approach within six feet of the ballot box 
and of such voting booths. The arrangements shall be such that 
the voting booths can only be reached by passing within said 
guard rail. They shall be within plain view of the election 
officers, and both they and the ballot boxes shall be within plain 



674 


ELECTIONS. 


[Div. IX. 


view of those outside of the guard rail. Each of said booths 
shall have three sides inclosed, one side, in front, to be closed 
with a curtain. Each side of each booth shall be six feet four 
inches and the curtain shall extend within two feet of the floor, 
which shall be closed while the voter is preparing his ballot. Each 
booth shall be at least thirty-two inches square and shall con¬ 
tain a shelf at least one foot wide, at a convenient height for 
writing. No person other than the election officers and the chal¬ 
lengers allowed by law, and those admitted for the purpose of 
voting as hereinafter provided, shall be permitted within the 
guard rail, except by authority of the election officers to keep 
order and enforce the law. The number of voting booths shall 
not be less than one to every seventy-five voters or fraction 
thereof who voted at the last preceding election in the district. 
The expense of providing booths and guard rails and other things 
required in this Act shall be paid in the same manner as other 
election expenses. [Amended by Act approved June 19, 1893. 
In force July 1, 1893. Laws 1893, p. 97. 

185. Manner of voting—Checking on register list.] §22. 
Any person desiring to vote shall give his name and, if required 
to do so, his residence to the judges of election, one of whom 
shall thereupon announce the same in a loud and distinct tone 
of voice, clear and audible; and if such name is found on the reg¬ 
ister of voters by the officer having charge thereof, he shall 
likewise repeat said name and the voter shall be allowed to enter 
the space inclosed by the guard rail, as above provided. One of 
the judges shall give the voter one, and only one, ballot, on the 
back of which such judge shall indorse his initials in such man¬ 
ner that they may be seen when the ballot is properly folded, and 
the voter’s name shall be immediately checked on the register 
list. At all elections, when a registry may be required, if the 
name of any person so desiring to vote at such election is not 
found on the register of voters, he shall not receive a ballot until 
he shall have complied with the law prescribing the manner and 
conditions of voting by unregistered voters. If any person desir¬ 
ing to vote at any election shall be challenged, he shall not receive 
a ballot until he shall have established his right to vote in the 
manner provided by law; and if he shall be challenged after he 
has received his ballot, he shall not be permitted to vote until he 
has fully complied with such requirements of the law upon being 
challenged. Besides the election officer, not more than two voters 
in excess of the whole number of voting booths provided shall 
be allowed in said enclosed space at one time. [As amended by 
Act approved April 22, 1899. In force July 1, 1899. Laws 1899, 
p. 151. 



Div. IX.] THE MANNER OF HOLDING ELECTIONS. 675 


186. Manner of preparing ballot.] § 23. On receipt of his 
ballot the voter shall forthwith, and without leaving the inclosed 
space, retire alpne to one of the voting booths so provided and 
shall prepare his ballot by making in the appropriate margin or 
place a cross (X) opposite the name of the candidate of his choice 
for each office to be filled, or by writing in the name of the can¬ 
didate of his choice in a blank space on said ticket, making a 
cross (X) opposite thereto; and in case of a question submitted 
to the vote of the people, by making in the appropriate margin 
or place a cross (X) against the answer he desires to give: 
Provided, however, if he shall desire to vote for all of the candi¬ 
dates of one political party or group of petitioners, he may place 
such mark at the appropriate place preceding the appellation or 
title under which the names of the candidates of such party or 
group of petitioners are printed, and the ballot so marked shall 
be counted as cast for all of the candidates named under that 
title: Provided, further, that the voter may place such mark at 
the appropriate place preceding the appellation or title of one 
party or group of petitioners and may also mark at the appro¬ 
priate place preceding the name or names of one or more candi¬ 
dates printed under the appellation or title of some other party or 
group of petitioners, and a ballot so marked shall be counted as 
cast for all the candidates, named under the appellation or title 
which has been so marked, except as to the officers as to which 
he has placed such mark preceding the name or names of some 
other candidate or candidates printed under the title of some 
other party or group of petitioners, and as to such it shall be 
counted as cast for the candidate or candidates preceding whose 
name or names such mark may have been placed. Before leav¬ 
ing the voting booth the voter shall fold his ballot in such manner 
as to conceal the marks thereon. He shall then vote forthwith 
in the manner now provided by law, except that the number cor¬ 
responding to the number of the voter on the poll books shall 
not be indorsed on the back of his ballot. He shall mark and 
deposit his ballot without undue delay, and shall quit said in¬ 
closed space as soon as he has voted. No voter shall be allowed 
to occupy a voting booth already occupied by another, nor re¬ 
main within said inclosed space more than ten minutes, nor to 
occupy a voting booth more than five minutes in case all of said 
voting booths are in use and other voters waiting to occupy the 
same. No voter not an election officer shall, after having voted, 
be allowed to re-enter said inclosed space during said election. 
No person shall take or remove any ballot from the polling place 
before the close of the poll. No voter shall vote or offer to vote 
any ballot except such as he has received from the judges of 
election in charge of the ballots. Any voter who shall, by acci- 



070 


ELECTIONS. 


[Div. IX. 


dent or mistake, spoil his ballot, may, on returning said spoiled 
ballot, receive another in place thereof. 

187. Assistance to illiterate voter.] § 24. Any voter who 
may declare upon oath that he cannot read the English language 
or that by reason of any physical disability he is unable to mark 
his ballot, shall, upon request, be assisted in marking his ballot 
by two of the election officers of different political parties, to be 
selected from the judges and clerks of the precinct in which they 
are to act, to be designated by the judges of election of each 
precinct at the opening of the polls. Such officers shall mark the 
ballot as directed by the voter, and shall thereafter give no 
information regarding the same. The clerks of election shall 
enter upon the poll lists after the name of any elector who re¬ 
ceived such assistance in marking his ballot, a memorandum of 
the fact. Intoxication shall not be regarded as a physical dis¬ 
ability, and no intoxicated person shall be entitled to assistance 
in marking his ballot. 

188. Absence for voting purposes—Employer preventing— 
Penalty.] § 25. Any person entitled to vote at a general or spe¬ 
cial election or at any election at which propositions are sub¬ 
mitted to a popular vote in this State shall, on the day of such 
election, be entitled to absent himself from any services or em¬ 
ployment in which he is then engaged or employed, for a period 
of two hours between the time of opening and closing of the 
polls; and such voter shall not because of so absenting himself 
be liable to any penalty, nor shall any deduction be made on 
account of such absence from his usual salary or wages: 
Provided, however, That application for such leave of absence 
shall be made prior to the day of election. The employer may 
specify the hours during which said employe may absent himself 
as aforesaid. Any person or corporation who shall refuse to an 
employe the privilege hereby conferred, or shall subject an em¬ 
ploye to a penalty or deduction of wages because of the exercise 
of such privilege, or who shall directly or indirectly violate the 
provisions of this section, shall be deemed guilty of a misde¬ 
meanor and be fined in any sum not less than five dollars ($5) 
nor more than one hundred dollars ($100). [As amended by Act 
approved June 1, 1908. In force July 1, 1908. Laws 1908, p. 80. 

Form of Voter’s Oath of Inability. 

State of Illinois, ] 

County of -, }■ ss. Election Precinct No. -. 

- ° f “T"T— J 

—-» being duly sworn on bis oath declares that he is a lawful voter 

in said precinct, and that by reason of -- he is not able to mark his 

voting paper, and therefore asks the assistance of the two election officers 
designated for that purpose, as the law in such case provides. 

Subscribed and sworn to before me this-day of-, A. D. 19—. 













Div. IX.] 


THE MANNER OF HOLDING ELECTIONS. 


677 


189. —Ballots not counted—Spoiled Ballots.] §26. If the 
voter marks more names than there are persons to be elected to 
an office, or if for any reason it is impossible to determine the 
voter’s choice for any office to be filled, his ballot shall not be 
counted for such office. No ballot without the official endorse¬ 
ment shall be allowed to be deposited in the ballot box, and none 
but ballots provided in accordance with the provisions of this 
Act shall be counted. Ballots not counted shall be marked 
“defective” on the back thereof and ballots to which objection 
has been made by either of the judges or challengers shall be 
marked “objected to” on the back thereof, and a memorandum 
signed by the judges stating how it was counted shall be writ¬ 
ten upon the back of each ballot so marked, and all ballots 
marked defective or objected to shall be enclosed in an envelope 
securely sealed and so marked and endorsed as to clearly disclose 
its contents. All ballots not voted, and all that have been spoiled 
by the voters while attempting to vote, shall be returned by the 
judges of election to the officer or authorities charged with the 
printing and distribution of the ballots and a receipt taken there¬ 
for, and shall be preserved six months; such officer shall keep a 
record of the number of ballots delivered for each polling place, 
the name of the person to whom and the time when delivered, 
and he shall also enter upon such record the number and char¬ 
acter of ballot returned, with the time when and the person by 
whom they are returned. 

190. Canvass of votes—Proclamation—Ballots “objected 
to”—“Defective”—Ballots destroyed.] §27. When the canvass 
of the ballots shall have been completed, as now provided by law, 
the clerks shall announce to the judges the total number of votes 
received by each candidate; each judge of the election shall 
proclaim in a loud voice the total number of votes received by 
each of the persons voted for and the office for which he is 
designated, and the number of votes for and the number of votes 
against any proposition which shall have been submitted to a 
vote of the people; such proclamation shall be prima facie evi¬ 
dence of the result of such canvass of the ballots. Immediately after 
making such proclamation, and before separating, the judges shall 
fold in two folds, and string closely upon a single piece of flexible 
wire, all ballots which have been counted by them, except those 
marked “objected to,” unite the ends of such wire in a firm knot, 
seal the knot in such manner that it cannot be untied without 
breaking the seal, enclose the ballots so strung in a secure canvass 
covering and securely tie and seal such canvas covering with 
official wax impression seals to be provided by the judges, in 
such manner that it cannot be opened without breaking the seals, 



678 


ELECTIONS. 


[Div. IX. 


and return said ballots, together with the package containing the 
ballots marked “defective” or “objected to,” in such sealed can¬ 
vas covering to the proper clerk or to the board of election com¬ 
missioners, as the case may be, and such officer shall carefully 
preserve said ballots for six months, at the expiration of that 
time shall destroy them by burning without previously opening 
the packages. Such ballots shall be destroyed in the presence 
of the official custodian thereof and two electors of approved 
integrity and good repute and members respectively of the two 
leading political parties. The said electors shall be designated 
by the county judge of the county in which such ballots are kept: 
Provided, that if any contest of the election of any officer voted 
for at such election shall be pending at the expiration of said 
time the said ballots shall not be destroyed until such contest is 
finally determined. In all cases of contested elections the parties 
contesting the same shall have the right to have said ballots 
opened and to have all errors of the judges in counting or refus¬ 
ing to count any ballot, corrected by the court or body trying 
such contest, but such ballots shall be opened only in open court 
or in open session of such body and in the presence of the officer 
having the custody thereof. [As amended by Act approved June 
9, 1897. In force July 1, 1897. Laws 1897, p. 212. 

191. Electioneering at polls prohibited—Penalty.] § 28. 
No person whatever shall do any electioneering or soliciting of 
votes on election day within any polling place or within one 
hundred (100) feet of any polling place; no person shall inter¬ 
rupt, hinder or oppose any voter while approaching the polling 
place for the purpose of voting. Whoever shall violate the pro¬ 
visions of this section shall be punished by a fine of not less than 
twenty-five dollars ($25) nor more than one hundred dollars 
($100) for each and every offense; and it shall be the duty of 
the judges of election to enforce the provision of this section. 

192. Unlawful exhibition of ballot—False statement—Pen¬ 
alty-] § 29. Any voter who shall, except as herein otherwise pro¬ 
vided, allow his ballot to be seen by any person with an appar¬ 
ent intention of letting it be known how he is about to vote, or 
who shall make a false statement as to his inability to mark his 
ballot, or any person who shall interfere, or attempt to interfere, 
with any voter when inside said inclosed space, or when marking 
his ballot, or who shall endeavor to induce any voter before vot¬ 
ing Jo show how he marks or has marked his ballot, shall be 
punished by a fine of not less than five dollars ($5) nor more than 
one hundred dollars ($100), and it shall be the duty of the elec¬ 
tion judges to enforce the provisions of this section. 

193. Destroying poster lists, etc.—Penalty.] §30. Any 



Div. IX.] THE MANNER OF HOLDING ELECTIONS. 679 


person who shall, prior to an election, wilfully destroy or deface 
any list of candidates posted in accordance with the provisions 
of this Act, or who, during an election shall wilfully deface, tear 
down, remove, or destroy any card of instructions or specimen 
ballot printed and posted for the instruction of voters, or who 
shall, during an election, wilfully remove or destroy any of the 
supplies or conveniences furnished to enable voters to prepare 
their ballots, or shall wilfully hinder the voting of others, 
shall be punished by a fine not less than ten dollars ($10), nor 
more than one hundred dollars ($100). 

194. Destroying, etc., certificate of nomination—Spurious 
ballots, etc.—Penalty.] § 31. Any person who shall falsely make 
or wilfully destroy any certificate of nomination or nomination 
papers, or any part thereof, or any letter of withdrawal, or file 
any certificate of nomination or nomination paper, knowing the 
same or any part thereof to be falsely made, or suppress any 
certificate of nomination or nomination paper or any part thereof, 
which has been duly filed, or forge or falsely make the official 
indorsement on any ballot or shall take from the polling place any 
official ballot or substitute therefor any spurious or counterfeit 
ballot, or make, use, circulate, or cause to be made or circulated, 
as an official ballot, any paper printed in imitation or resem¬ 
blance thereof, or wilfully destroy or deface any ballot, or wil¬ 
fully delay the delivery of any ballots, shall be punished by a fine 
not less than one hundred dollars ($100) and not exceeding one 
thousand dollars ($1,000), or by imprisonment in the penitentiary 
not less than one year and not exceeding five years, or by both 
such fine and imprisonment. 

195. Neglect of officer to perform duties.] § 32. Any pub¬ 
lic officer upon whom a duty is imposed by this Act who shall 
wilfully neglect to perform such duty, or who shall wilfully per¬ 
form it in such a way as to hinder the object of this Act, shall 
be punished by a fine of not less than $5 nor more than $1,000, 
or by imprisonment in the penitentiary for not less than one 
year and not exceeding five years, or by both such fine and im¬ 
prisonment. 

196. Published in pamphlet form.] § 33. It shall be the 
duty of the Secretary of State, with the aid and advice of the 
Attorney General, to cause one thousand copies of this Act to 
be printed immediately, in pamphlet form, with all necessary 
forms and instructions to assist election officers to carry it into 
effect, and to distribute the same through the county clerks of 
the several counties of the State. 

197. Time polls to be kept open.] § 34. At all elections to 
which this Act applies, except at elections held in cities, villages 



680 


ELECTIONS. 


[Div. IX. 


and incorporated towns which have heretofore adopted or may 
hereafter adopt the provisions of an Act entitled, “An Act regu¬ 
lating the holding of elections and declaring the results thereof 
in cities, villages and incorporated towns,” approved June 19, 
1885, the polls shall be opened at seven o’clock in the morning 
and shall be closed at five o’clock in the evening. Provided, how¬ 
ever, that cities, villages and towns in counties of the third class 
may provide by city or village ordinance, or by resolution adopted 
at the annual town meeting, that polls shall be opened at six 
o’clock in the morning and be closed at four o’clock in the after¬ 
noon, and after the passage of such ordinance or resolution and 
the filing of a certified copy thereof with the county clerk of the 
county in which such city, village or town is located, the polls 
shall open at six o’clock in the morning and close at four o’clock 
in the afternoon of the same day at all elections held in such city, 
village or town adopting such ordinance or resolution and filing 
the same as herein provided. [As amended by Act approved 
and in force March 15, 1905. Laws 1905, p. 210. 

198. —Repeal of prior Acts—Effect on penalties.] § 35. All 
Acts and parts of Acts inconsistent with the provisions of this 
Act are hereby repealed: Provided, that this Act shall not be con 
strued to repeal an Act entitled, “An Act regulating the holding 
of elections and declaring the results thereof in cities, villages 
and incorporated towns,” approved June 19, 1885, or any of the 
amendments thereto; but all elections in cities, villages and in¬ 
corporated towns which may have heretofore adopted or may 
hereafter adopt the said Act shall be held in accordance with the 
provisions of the aforesaid Act, except as to the manner of 
making nominations for office, the manner of providing printing 
and distributing ballots, the form of ballots, the arrangement 
and the furnishing of polling places and voting booths, and the 
manner of voting and the numbering and preserving of ballots, 
all of which shall be in conformity with the provisions of this 
Act. No penalty provided for a violation of any of the provi¬ 
sions of this Act shall be construed as a substitute for, or repeal 
of, any penalty provided in the aforesaid Act of June 19, 1885, 
for a violation of any of the provisions of said Act. 

199. Newspaper publication of this law.] § 36. It shall be 
the duty of the board of supervisors of each county under town¬ 
ship organization, and of the board of county commissioners in 
counties not under township organization, at their first meeting 
after the passage of this Act, to select two newspapers, one from 
each of the two political parties casting the greatest number of 
votes for State Treasurer at the election in 1890, in which this 
law shall be published: Provided, that the pay for such publica- 



Div. IX.] 


QUESTIONS OF PUBLIC POLICY. 


681 


tion shall be fixed by said board of supervisors or county commis¬ 
sioners, but in no case shall it exceed the sum of thirty dollars 
to each newspaper publishing the same. When the board of 
supervisors or county commissioners have selected the news¬ 
papers in which the law shall be published, it shall be the duty 
of the county clerk to certify such action to the Secretary of the 
State, who shall at once furnish to each of said papers a copy of 
the law, and upon the receipt of the Secretary of State of a copy 
of said paper, with an affidavit of the publisher or business man¬ 
ager that the law was published in each and every copy of said 
paper on a certain date (which shall not be later than thirty days 
after its receipt from the Secretary of State), the Secretary of 
State shall certify the amount fixed for the payment for the 
publication of this law in said paper to the Auditor of Public 
Accounts, who shall draw his warrant on the Treasurer for the 
sum named: Provided, that the non-publication of this law, as 
herein provided, shall not invalidate the law. 

QUESTIONS OF PUBLIC POLICY. 

AN ACT providing for an expression of opinion by electors on questions of 

public policy at any general or special election. [Approved May 11, 1901. 

In force July 1, 1901. Laws 1901, p. 198.] 

200. Petition to submit question of public policy at election, etc. 

201. Question to be printed on separate ballot—form. 

200. Petition to submit question of public policy at election 
—Duty of election officers.] § 1. Be it enacted by the People of 
the State of Illinois, represented in the General Assembly: That 
on a written petition signed by twenty-five per cent of the regis¬ 
tered voters of any incorporated town, village, city, township, 
county or school district; or ten per cent of the registered 
voters of the State, it shall be the duty of the proper election 
officers in each case to submit any question of public policy so 
petitioned for, to the electors of the incorporated town, village, 
city, township, county, school district or State, as the case may 
be, at any general or special election named in the petition: 
Provided, such petition is filed with the proper election officers, 
in each case not less than sixty (60) days before the date of the 
election at which the question or questions petitioned for are to 
be submitted. Not more than three propositions shall be sub¬ 
mitted at the same election, and each proposition shall be sub¬ 
mitted in the order of its filing. 

201. Question to be printed on separate ballot—Form.] 5 2. 
Every question submitted to electors shall be printed in plain, 
prominent type upon a separate ballot, in form required by law, 
the same as a Constitutional amendment or other public measure 
proposed to he voted upon by the people. 



682 


ELECTIONS. 


[Div. IX. 


DISPENSING WITH INDIVIDUAL TALLY MARKS IN COUNTING 
“STRAIGHT TICKETS.” 

AN ACT to dispense with individual tally marks in canvassing the so-called 
“straight tickets” at all elections hereafter held in this State; and con¬ 
cerning the duties of the clerks in the canvass of votes at such elections. 
[Approved May 13, 1905. In force July 1 , 1905. Laws 1905, p. 205.] 

202. Dispensing with individual tally marks in counting “straight tickets.” 

203. Repeal. 

202. Dispensing with individual tally marks in counting 
“straight tickets.”] § 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly : That hereafter at all 
general and special elections and primary elections held in this 
State, where the law shall provide that the clerks shall tally the 
votes received by candidates at such election, it shall not be 
necessary for the clerks of such election to mark upon the tally 
sheets kept by them, separate marks or tallies for each vote 
received by the candidates upon the ballots containing the same 
names, commonly known and hereafter in this Act designated as 
“straight tickets.” But when the judges shall have counted and 
announced to the clerks, as near as may be as now or hereafter 
provided by law, the number of votes received by each set of 
candidates upon such “straight tickets,” the clerks shall set such 
number of votes down, in figures, opposite the names of the 
respective candidates, in a column provided for that purpose 
upon the tally sheets; which column shall immediately adjoin 
upon the left the space reserved for the tallies, and which shall 
be of convenient width and shall be headed, “Number of votes 
received upon straight tickets.” The judges shall then proceed 
to count and announce the votes received by each candidate 
upon all ballots other than “straight tickets,” including all ballots 
known ^as “split tickets,” and all ballots known as “scratched 
tickets,” and the clerks shall proceed to tally the same upon the 
tally sheets,, and to compare and announce the result thereof, 
which counting, announcing and tallying shall be conducted as 
now or hereafter provided by law. The clerks shall set down, 
in figures, the number of votes received by each candidate on 
ballots other than “straight tickets,” as so ascertained and an¬ 
nounced, in a column provided for that purpose upon the tally 
sheets, immediately adjoining on the right the space reserved for 
the tallies, which column shall be of convenient width, and shall 
be headed “Number of votes received upon ballots other than 
straight tickets.” The clerks shall then proceed to add together 
the number of votes received by each candidate, as shown in 
the column containing the straight votes; and the number as 
shown in. the column containing the votes other than straight 
votes, which result will show the total number of votes received 



Div. IX.] DISPENSING WITH INDIVIDUAL TALLY MARKS. 


683 


by each candidate; and after comparing their results and finding 
that the same agree and are correct, they shall set down the same, 
in figures, .in a column provided upon the tally sheets for that pur¬ 
pose, on the extreme right-hand side thereof, which shall be of con¬ 
venient width and shall be headed, “Total number of votes.” Where¬ 
upon one of the clerks shall announce in a loud voice to the judges 
the total number of votes received by and counted for each candi¬ 
date. 

203. Repeal.] § 2. All laws and parts of laws in conflict 
herewith are hereby repealed. Nothing in this Act contained shall 
be construed to authorize or permit the canvassing, countnig or 
tallying ballots with any less degree of strictness than now required 
by law; the intention of this Act being to dispense with the in¬ 
dividual tally marks only so far as the so-called “straight tickets” 
are concerned; and all other operations of tallying, counting and can¬ 
vassing and announcing the votes shall proceed as near as may be in 
accordance with the laws now or hereafter provided therefor. 



684 


ELECTIONS. 


[Div. IX. 


WOMEN MAY VOTE FOR SCHOOL OFFICERS. 

AN ACT to entitle women to vote at any election held for the purpose of 

choosing any officer under the general or special school laws of this State. 

[Approved June 19, 1891. In free July 1, 1891. Laws 1891, p. 135.] 

204. Women may vote for school officers. 

205. Ballot—what to contain—how deposited. 

204. Women may vote for school officers.] § 1. Be it 

enacted by the People of the State of Illinois, represented in the 
General Assembly: Any woman of the age of twenty-one years 
and upward, belonging to either of the classes mentioned in Art. VII 
of the Constitution of the State of Illinois, who shall have resided 
in this State one year, in the county ninety days, and in the election 
district thirty days preceding any election held for the purpose of 
choosing any officer of schools under the general or special school 
laws of this State, shall be entitled to vote at such election in the 
school district of which she shall at the time have been for thirty 
days a resident: Provided, any woman so desirous of voting at any 
such election shall have been registered in the same manner as is pro¬ 
vided for the registration of male voters. 

205. Ballot—What to contain — How deposited.] § 2. 

Whenever the election of public school officers shall occur at the 
same election at which other public officers are elected, the ballot 
offered by any woman entitled to vote under this Act shall not con¬ 
tain the name of any person to be voted for at such election except 
such officers of public schools, and such ballots shall all be deposited 
in a separate ballot-box, but canvassed with other ballots cast for 
school officers at such election. 




Div. IX.] MAY VOTE FOR PRESIDENTIAL ELECTORS. 685 

WOMEN MAY VOTE FOR PRESIDENTIAL ELECTORS AND CER¬ 
TAIN OTHER OFFICERS, ETC 

AN ACT granting women the right to vote for presidential electors and cer¬ 
tain other officers, and to participate and vote in certain matters and elec¬ 
tions. [Approved June 26, 1913. In force July 1 , 1913. Laws 1913, p. 

333.] 

205a. What officers and propositions in State, Cities, Villages and Towns. 

205b. What township officers, etc. 

205c. Separate ballot boxes and ballots—Canvas—Registration. 

205a. What officers and propositions in State, Cities, Vil¬ 
lages and Towns.] § 1 . Be it enacted by the People of the State 
of Illinois, represented in the General Assembly: That all women, 
citizens of the United States, above the age of 21 years, having 
resided in the State one year, in the county ninety days, and in the 
election district thirty days next preceding any election therein, shall 
be allowed to vote at such election for presidential electors, member 
of the State board of equalization, clerk of the appellate court, 
county collector, county surveyor, members of board of assessors, 
members of board of review, sanitary district trustees, and for all 
officers of cities, villages and towns (except police magistrates), and 
upon all questions or propositions submitted to a vote of the electors 
of such municipalities or other political divisions of this State. 

205b. What township officers, etc.] § 2. All such women 
may also vote for the following township officers: Supervisor, town 
clerk, assessor, collector and highway commissioner, and may also 
participate and vote in all annual and special town meetings in the 
township in which such election district shall be. 

205c. Separate ballot boxes and ballots—Canvas—Registra¬ 
tion.] § 3. Separate ballot boxes and ballots shall be provided 
for women, which ballots shall contain the names of the candidates 
for such offices which are to be voted for and the special questions 
submitted as aforesaid, and the ballots cast by women shall be can¬ 
vassed with the other ballots cast for such officers and on such ques¬ 
tions. At any such election where registration is required, women 
shall register in the same manner as male voters. 




086 


ELECTIONS. 


[Div. IX. 


ANTI-SALOON TERRITORY. 

AN ACT to provide for the creation by popular vote of anti-saloon territory 
within which the sale of intoxicating liquor and the licensing of such 
sale shall be prohibited and for the abolition by like means of territory 
so created. [Approved May 16, 1907. In force July 1, 1907. Laws 
1907, p. 297.] 

206. Words and phrases defined. 

207. Petition—where and when filed—signatures. 

208. Vote operative 30 days after day of election. 

209. Form of petition—how signed—sworn statement—filing certificate 

forgery—penalty. 

210. Notice of submission of proposition—publication of. 

211. Ballot—form of—canvass—watchers. 

212. Result of vote—evidence. 

213. Atjti-saloon territory defined—conflicting ordinances suspended. 

214. Submission of proposition of continuance—separate ballot in dis¬ 

tricts. 

215. What constitutes bar to submission of proposition. 

216. Unlawful to sell or issue license to sell intoxicating liquor. 

217. Penalty. 

218. Unlawful selling defined. 

219. Place where liquor is sold declared a common nuisance—penalty. 

220. Offenses and penalties. 

221. Where offenses may be prosecuted. 

222. Prosecution—form of— prima-facie evidence. 

223. Sale of liquor by druggists—record of—when sales by manufac¬ 

turer exempt. 

224. Petition for contesting validity of election—proceeding. 

206. Words and phrases defined.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
The words and phrases mentioned in this section as used in 
this Act and in proceedings pursuant hereto shall, unless the 
same be inconsistent with the context, be construed as follows: 

“Anti-saloon territory” shall mean all territory within the 
limits of any town, precinct, city or village in this State in 
which, through the action of the legal voters therein as pro¬ 
vided by this Act, the sale of intoxicating liquor, except as here¬ 
in provided, is prohibited. 

“Town” shall include towns in counties under township or¬ 
ganization and incorporated towns, provided that no incorpor¬ 
ated town, city or village that has been heretofore annexed to an¬ 
other incorporated town, city or village under the provisions of 
“An Act to provide for the annexation of cities, incorporated 
towns and villages,” approved and in force April 25, 1889, shall 
be entitled to hold an election under the provisions of this Act 
separately from the town, city or village to which the same has 
been annexed. 

“Precinct” shall mean any “voting precinct” or “election 
precinct” which was a sub-division for voting in counties not 



Div. IX.] 


ANTI-SALOON TERRITORY. 


687 


under township organization at the general election held on the 
6th day of November, A. D. 1906. 

“Political subdivision” shall mean the phrase “town, pre¬ 
cinct, city or village.” 

“District* shall mean territory in which after the same has 
become anti-saloon territory the limits of the political subdivi¬ 
sion have been changed. 

In the phrase, “Shall this . become anti-saloon terri¬ 

tory?” the proper word, whether “town,” “precinct,” “city,” or 
“village,” shall be understood to be inserted in the blank, and 
the same shall be inserted in the petitions filed by and the bal¬ 
lots prepared for the voters of any town, precinct, city or village. 

“Said proposition” shall mean the proposition “Shall this 
. (town, precinct, city or village, as the case may be) be¬ 
come anti-saloon territory?” 

“Clerk” shall mean, with reference to towns, cities and vil¬ 
lages, the town, city or village clerk as the case may be, with 
reference to precincts in counties not under township organiza¬ 
tion it shall mean the county clerk ; and it shall mean the board 
of election commissioners of any city, village or incorporated 
town in this State in which there now is or hereafter may be a 
board of election commissioners, and in the provisions of this 
Act applicable to or within any such city, village or incorpor¬ 
ated town; “legal voter” shall mean a duly registered legal 
Voter. 

“Election” shall mean, in towns, cities and villages, an elec¬ 
tion at a time fixed by law for choosing town, city or village 
officers, as the case may be; in precincts in counties not under 
township organization it shall mean an election at a time fixed 
by law for choosing countv officers. In cities and villages the 
officers of which shall be chosen for a term of four years, “elec¬ 
tion” shall also mean an election at a time fixed by law for choos¬ 
ing county officers. In no case shall it mean a special election 
to fill a vacancy. 

“Intoxicating liquor” shall include all distilled,, spirituous, 
vinous, fermented and malt liquors. 

207. Petition—Where and when filed—Signatures.] § 2. 
Upon the filing in the office of the clerk at least sixty days before 
an election of a petition as in this Act provided, directed to such 
clerk, containing the signatures of legal voters of any political 
subdivision in number not less than one-fourth of the total vote 
cast in such political subdivision at the last election therein^ to 
submit to the voters of such political subdivision the proposition 

“shall this.become anti-saloon territory?” said proposition 

shall be submitted at such election, as in this Act provided, to 






688 


ELECTIONS. 


[DiV. IX. 


the legal voters of such political subdivision and if a majority of 
the legal voters voting upon said proposition shall vote “Yes” 
such political subdivision shall become anti-saloon territory. Such 
petition shall be a public document and shall be subject to the 
inspection of the public. 

208. Vote operative 30 days after day of election.] § 3. A 

vote under the provisions of this Act shall become operative on 
the thirtieth day after the day of the election at which such vote 
is cast. 

209. Form of petition—How signed—Sworn statement— 
Filing certificate—Forgery—Penalty.] §4. A petition for sub¬ 
mission of said proposition shall be in substantially the fol¬ 
lowing form: 

To the - [county, town, city or village ] clerk of the [ here insert 

the corporate or legal name of the county, town, city or village ]: 

The undersigned, residents and legal voters of the - [insert the legal 

name or correct designation of the political subdivision] respectfully petition 
that you cause to be submitted, in the manner provided by law, to the voters 

thereof, at the next election, the proposition “Shall this - become 

anti-saloon territory?” 


Name of Signer. 

House 

Number. 

Street. 

Date of Signing. 










Such petition shall consist of sheets having such form printed 
or written at the top thereof, and shall be signed by the legal 
voters in their own proper persons only, and opposite the signa¬ 
ture of each legal voter shall be written his residence address 
(stating the street and the house number, if there be such) and 
the date of signing the same. No signature shall be valid or be 
counted in considering such petition unless these requirements 
are complied with and unless the date of signing is less than six 
months preceding the date of filing the same. At the bottom of 
each sheet of such petition shall be added a statement signed by 
a resident of the county in which the signers thereof reside, with 
his residence address as aforesaid, stating that the signatures on 
that sheet of the said petition are genuine, and that to the best 
of his knowledge and belief the persons so signing were at the 
time of signing said petition legal voters (and in cities, villages, 
and incorporated towns in which voters are or may be required 
to be registered, that they were at the time of signing said peti¬ 
tion duly registered legal voters) of the said town, precinct, city 
















Div. IX.] 


ANTI-SALOON TERRITORY. 


689 


or village, as the case may be; that their respective residences 
are correctly stated therein and that each signer signed the 
same on the date set opposite his name. Such statement shall be 
sworn to before some officer residing in the county where such 
legal voters reside, authorized to administer oaths therein. Such 
petition, so verified, or a copy thereof, duly certified as herein¬ 
after provided, shall be prima facie evidence that the signatures, 
statement of residence and dates upon such petition are genuine 
and true and that the persons signing the same are legal voters 
of the political subdivision named. Such sheets shall be fastened 
together in one document, filed as a whole and when filed shall 
not be withdrawn or added to. No signature shall be revoked 
except by a revocation filed with the clerk with whom the peti¬ 
tion is required to be filed and before the filing of such petition. 
Upon request of anyone filing such a petition and verified state¬ 
ment and paying or tendering to the clerk one dollar for each one 
hundred names, or fraction thereof, signed thereto, together with 
a copy thereof, the clerk shall immediately compare the original and 
copy and attach to such copy and deliver to such person his 
official certificate that such copy is a true copy of the original, 
stating the day when such original was filed in his office. Who¬ 
ever in making the sworn statement above prescribed shall 
knowingly, wilfully and corruptly swear falsely shall be deemed 
guilty of perjury and on conviction thereof shall be punished 
accordingly. Whoever forges the signature of any person upon 
any petition or statement provided for in this Act shall be deemed 
guilty of forgery and on conviction thereof shall be punished ac¬ 
cordingly. 

210. Notice of submission of proposition—Publication of.] 

§ 5. The clerk with whom any petition shall be filed as pro¬ 
vided in this Act shall cause notice to be given in the manner 
provided by law for giving notice of an election, of the submis¬ 
sion of said proposition at the next election to the voters of the 
political subdivision named in such petition. Publication of the 
submission of said proposition to the voters of such political 
subdivision shall likewise be made in the manner provided by law 
for the publication of the list of nominations to be voted for at 
an election: Provided, that the failure of such clerk to cause 
such notice to be given, or the failure to make publication of the 
submission of said proposition as above provided, shall not affect 
the validity or binding force of the vote upon said proposition. 

211. Ballot — Form of—Canvass—Watchers.] §6. The 
clerk with whom any petition shall be filed as provided by this 
Act shall cause said proposition to be plainly printed upon all 



690 


ELECTIONS. 


[Div. IX. 


the ballots to be used at the next election of officers in the 
political subdivision named in such petition, and below the list 
of candidates named thereon, as follows: 


Shall this - [town, precinct, city or village 

Yes. 


as the case may be] become anti-saloon territory? 

No 



At the canvass of the ballots in each polling place where 
said proposition is submitted, it shall be the duty of the judges 
of election to admit to the room at such polling place, as special 
watchers of such canvass, one legal voter selected by the persons 
managing the interests of those in favor of and one selected by 
the persons managing the interests of those opposed to said 
proposition, provided such legal voters shall be of good charac¬ 
ter and sober and shall in no wise interfere with such canvass, 
and said judges and the police officers and other officers of the 
law shall protect such watchers and see that they are not ex¬ 
cluded and at the time of such canvass of the ballots cast upon 
said proposition, such watchers shall be entitled to a position 
where they can plainly see and read each ballot and it shall be 
the duty of such judges to protect them in such position. Wher¬ 
ever any other method of taking and recording votes at elections 
than by means of printed ballots is provided by law the pro¬ 
cedure for taking and recording votes upon said proposition 
may conform to the method so provided. 

212. Result of vote—Evidence.] § 7. The clerk shall re¬ 
cord in a well bound book, to be kept in his office by himself and 
his successors, the result of the vote upon said proposition and 
such result may be proved in all courts and in all proceedings by 
such record or by the official certificate of the clerk, and in cases 
where such a record or certificate shows that a majority of the 
legal voters voting upon said proposition voted “Yes” the same 
shall be prima facie evidence that the political subdivision to 
which such vote was applicable has become anti-saloon territory. 

213. Anti-saloon territory defined—Conflicting ordinances 
suspended.] § 8. All the territory within any political subdi¬ 
vision which has become anti-saloon territory shall continue to 
be anti-saloon territory throughout its entire extent, notwith¬ 
standing any change which may be made in the limits of any 
such political subdivision, until the legal voters thereof have 
voted, according to the provisions of this Act, to discontinue 
such anti-saloon territory and the following secti®n shall be 
construed in harmony herewith. In all anti-saloon territory, 








Div. IX.] 


ANTI-SALOON TERRITORY. 


G01 


during the time that it continues to be anti-saloon territory, the 
operation of all ordinances providing for the restriction, regula¬ 
tion or prohibition of the sale of intoxicating liquor or for the 
issuing of dram shop licenses within any portion or the whole 
of such territory, so far as inconsistent with its status as anti¬ 
saloon territory, shall be suspended. 

214. Submission of proposition of continuance—Separate 

ballot in districts.] § 9. Upon the filing in the office of the clerk, 
at least sixty days before an election in any political subdivision, 
of a petition directed to such clerk, containing the signatures of 
legal voters of an anti-saloon territory or district, in number 
not less than one-fourth of the total vote cast therein at the last 
election, to submit to the voters thereof the proposition “Shall 
this.(political subdivision or district) continue to be anti¬ 

saloon territory?” (provided such petition corresponds in all 
other respects with the petition in this Act before described), 
such proposition shall be submitted at such election to the voters 
of such political subdivision or district, and the provisions of 
sections one (1), four (4), five (5), six (6), and seven (7) of this 
Act shall apply in all respects, so far as applicable to the propo¬ 
sition “shall this.(political subdivision or district) continue 

to be anti-saloon territory?” to the submission of such proposi¬ 
tion to such voters, to the petition therefor, to the recording of 
the vote thereon and to the proof and evidence of the petition and 
vote, except that in a district such proposition shall be submitted 
by separate ballot. If a majority of the legal voters voting upon such 
last mentioned proposition in any political subdivision or district 
vote “No,” such political subdivision or district shall cease to be 
anti-saloon territory, and all ordinances providing for the re¬ 
striction, regulation or prohibition of the sale of intoxicating 
liquor or for the issuing of dram shop licenses, the operation of 
which was in any wise suspended within such political subdivi¬ 
sion or district by virtue of the vote therein to become anti-sa¬ 
loon territory, and with all additions and amendments which in 
the meantime may have been made thereto, shall, if not in me 
meantime repealed, become and be in force within said political 
subdivision or district to the same extent, only, however, as the 
same would then be in force had such political subdivision or 
district never become anti-saloon territory. The petition men- 
tioned in this section shall be a public document and shall be 
subject to the inspection of the public. 

215. What constitutes bar to submission of proposition.] 
§10. A vote under the provisions of this Act in and for any 
political subdivision upon the proposition, Shall this ...... 






602 


ELECTIONS. 


[Div. IX. 


become anti-saloon territory?” or in and for any political sub¬ 
division or district upon the proposition “Shall this. (po¬ 

litical subdivision or district) continue to be anti-saloon terri¬ 
tory?” shall be a bar to the submission to the voters thereof of 
either of such propositions as applied to that identical political 
subdivision or district only, until after the lapse of eighteen 
months. 

216. Unlawful to sell or issue license to sell intoxicating 
liquor.] § 11. It shall not be lawful to sell intoxicating liquor 
in any quantity whatever nor to grant or issue, or cause to be 
granted or issued, any license to sell intoxicating liquor in any 
quantity whatever within the limits of any political subdivision 
or district whatever in this State while the same is anti-saloon 
territory, and if any such license be granted or issued in violation 
hereof the same shall be void. 

217. Penalty.] § 12. Whoever shall by himself or another, 
either as principal, clerk or servant, directly or indirectly, sell, 
barter or exchange any intoxicating liquor in any quantity what¬ 
ever within the limits of any political subdivision or district in 
this State, while the same is anti-saloon territory, shall be fined 
not less than twenty dollars ($20), nor more than one hundred 
dollars ($100), or imprisoned in the county jail for not less than 
ten (10) days nor more than thirty (30) days, or both, in the dis¬ 
cretion of the court. If any person shall be convicted of violat¬ 
ing any provision of this section and shall subsequently violate 
any provision of this section he shall upon conviction thereof, 
be fined not less than fifty dollars ($50) nor more than two hun¬ 
dred dollars ($200) and imprisoned in the county jail for not less 
than ten (10) days, nor more than thirty (30) days. And in 
like manner, if he shall subsequently violate any provision of this 
section, for such third and each subsequent violation he shall upon 
conviction thereof be fined not less than one hundred dollars 
($100), nor more than two hundred dollars ($200), and impris¬ 
oned in the countv jail for not less than thirty (30) days, nor 
more than ninety (90) days. 

218. Unlawful selling defined.] § 13. The giving away or 
delivery of any intoxicating liquor for the purpose of evading 
any provision of this Act, or the taking of orders or the making 
of agreements, at or within any political subdivision or district 
while the same is anti-saloon territory, for the sale or delivery of 
any intoxicating liquor, or other shift or device to evade "any 
provision of this Act, shall be held to be an unlawful selling. 

219. Place where liquor is sold declared a common nuisance 
—Penalty.] § 14. All places where intoxicating liquor is sold 





Div. IX.] 


ANTI-SALOON TERRITORY. 


693 


in violation of any provision of this Act shall be taken and held 
and are declared to be common nuisances and may be abated as 
such; and whoever shall keep any such place, by himself or his 
agent or servant, shall, for each offense, upon conviction thereof, 
be fined not less than fifty ($50) dollars nor more than ($100) 
dollars and confined in the county jail not less than twenty (20) 
days, nor more than fifty (50) days, and it shall be a part of the 
judgment, upon the conviction of the keeper, that the place where 
liquor is found to have been sold contrary to this Act be shut up 
and abated until the keeper shall give bond, with sufficient se¬ 
curity to be approved by the court, in the penal sum of one 
thousand (1,000) dollars, payable to the People of the State of 
Illinois, conditioned that he will not sell intoxicating liquor con¬ 
trary to law, and will pay all fines, costs and damages assessed 
against him for any violation thereof; and in case of a violation 
of the condition of such bond, suit may be brought and recovery 
had thereon for the use of the county, city, town or village for 
any fine or fines that may be assessed against him under this 
Act. 

220. Offenses and penalties.] § 15. Any clerk, judge of 
election, police officer or other officer of the law, who shall refuse 
or neglect or fail to discharge any duty imposed by this Act, and 
anyone who signs a petition provided for in this Act, knowing 
he is not qualified to do so, or who files with the clerk any such 
petition or any sheet or other part thereof knowing that it con¬ 
tains the signature of a person not qualified to sign the same, or 
who receives, requests or demands or gives, offers or promises 
any reward for the signing or the refraining from signing of any 
such petition, or who by treating or giving intoxicating liquor 
or anything else, or by threats to injure another in person or 
property, or by betting or other device, either directly or indi¬ 
rectly influences or attempts to influence anyone to sign or re¬ 
frain from signing any such petition, shall upon conviction there¬ 
of be fined not less than twenty (20) dollars, nor more 
than two hundred (200) dollars, or imprisoned in the 
county jail for not less than ten (10) days nor more than 
ninety (90) days, or both, in the discretion of the court. If any 
person shall be convicted of violating any provision of this sec¬ 
tion and shall subsequently violate any provision of this section, 
for such second and each subsequent violation he shall, upon con¬ 
viction thereof, be fined not less than twenty (20) dollars nor 
more than two hundred (200) dollars and imprisoned in the 
county jail for not less than ten (10) days nor more than ninety 
(90) days. 



694 


ELECTIONS. 


[Div. IX. 


221. Where offenses may be prosecuted.] § 16. All of¬ 
fenses defined or mentioned in this Act may be prosecuted in 
any court of record having criminal jurisdiction, or the fines pre¬ 
scribed in this Act may be sued for and recovered before any 
court or justice of the peace having jurisdiction thereof, in the 
name of the People of the State of Illinois; and in case of con¬ 
viction the offender shall stand committed to the county jail 
until the judgment and costs are fully paid. 

222. Prosecution—Form of—Prima facie evidence.] § 17. 

In all prosecutions under this Act, by indictment or otherwise, 
it shall not be necessary to state the kind of liquor sdld; nor to 
describe the place where sold; nor to show the knowledge of the 
principal to convict for the acts of an agent or servant; nor to 
state the name of any person to whom liquor is sold; nor to set 
forth the facts showing that the required number of legal voters 
petitioned for the submission to the voters of said proposition, 
nor that a majority of the legal voters voting upon said proposi¬ 
tion voted “Yes,” but it shall be sufficient to state in that regard 
that the act complained of took place in an anti-saloon territory 
or district. The issuance of an internal revenue special tax 
stamp or receipt by the United States to any person as a whole¬ 
sale or retail dealer in liquors or in malt liquors at any place 
within territory which, at the time of the issuance thereof, is 
anti-saloon territory, shall be prima facie evidence of the sale of 
intoxicating liquor by such person at such place, or at any place 
of business of such person within such territory where such stamp 
or receipt is posted, and at the time charged in any suit or prose¬ 
cution under this Act: Provided, such time is within the life 
of such stamp or receipt. 

223. Sale of liquor by druggists—Record of—When sales 
by Manufacturer exempt.] § 18. Nothing in this Act shall be 
construed to forbid or prevent the sale within anti-saloon ter¬ 
ritory by druggists to whom permits or licenses therefor have 
been duly granted in the manner provided by law, of liquor for 
medicinal, mechanical, sacramental and chemical purposes only, 
not to be drunk upon the premises under any circumstances, so 
long as such druggist in good faith shall keep a true and an exact 
record in a book, which he shall provide for the purpose, in which 
shall be entered at the time of every sale of intoxicating liquor 
made by him or in or about his place of business to all persons 
whomsoever, the date of such sale, the name of the purchaser, 
and his residence (stating the street and the house number if 
there be such), the quantity and kind of such liquor and the 
purpose for which the same is sold, and so long as such druggist 



Div. IX.] 


ANTI-SALOON TERRITORY, 


695 


shall keep such book open to the full and free inspection of the 
police and all public officers elected and appointed and their 
deputies and agents during business hours. Nothing in this Act 
shall be construed to forbid or prevent the sale of intoxicating 
liquor for the period of thirty days next after the vote shall have 
been taken in the anti-saloon territory thereby created, accord¬ 
ing to the terms of a dram shop or other municipal license there¬ 
tofore regularly issued in good faith according to law. Any por¬ 
tion of a dram shop or other municipal license fee which shall 
have been paid and which shall represent the unexpired period 
for which said dram shop or other municipal license was issued 
after the political subdivision in which such dram shop is lo¬ 
cated shall have become anti-saloon territory, shall be refunded 
by the municipality receiving the same. Nothing in this Act 
shall be construed to forbid or prevent the sale at wholesale by 
a manufacturer who manufactures from the raw materials of 
the product of his own manufactory located within anti-saloon 
territory for delivery outside the limits of such territory. 

224. Petition for contesting validity of election—Proceed¬ 
ing.] § 19. Any five legal voters of any political subdivision in 
which an election shall have been held as provided for in this 
Act, may, within ten days after the canvass of the returns of 
such election and upon filing a bond for costs, contest the validity 
of such election by filing a verified petition in the county court of 
the county in which such political subdivision is situated, setting 
forth the grounds for the contest. Upon the filing of such peti¬ 
tion a summons shall forthwith issue from such court addressed 
in cases of an election in a town, city or village, to the town, 
city or village clerk as the case may be; and in other cases to 
the county board, notifying such clerk or board of the filing of 
such petition and directing him or it to appear in such court on 
behalf of such political subdivision at the time named in the 
summons, which time shall be not less than five nor more than 
fifteen days after the filing of such petition. The procedure in 
such cases shall be the same as that provided by law for the con¬ 
testing of an election upon a subject which shall have been sub¬ 
mitted to a vote of the people, so far as applicable. The county 
court shall have final jurisdiction to hear and determine the 
merits of such cases. Any legal voter in the political subdivision 
in which such election shall have been held may appear in per¬ 
son, or by attorney, in any such contested election case in de¬ 
fense of the validity of such election. 



696 


COUNTIES. 


[Div. X 


DIVISION X. 

COUNTIES. 1 

AN ACT to revise the law in relation to counties. [Approved and in force 
March 31, 1S74. Revised Stat., chap. 34.] 

BOUNDARIES AND JURISDICTION. 

1. Boundaries. 

2. Jurisdiction over rivers. 

3. Jurisdiction over Lake Michigan. 

1. Boundaries.] § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That the 
boundaries of the several counties of this State shall remain as 
now established until the same be changed according to law. 

2. Jurisdiction over rivers.] § 2. Each county bounded by 
either the Mississippi, Ohio or Wabash rivers shall have juris¬ 
diction over such river to the extent it is so bounded, which 
jurisdiction may be exercised concurrently with the contiguous 
States bounded by such river. [Revised Stat. 1845, p. 133, §21. 
Laws 1849, p. 134, §§ 1, 2. 

3. Jurisdiction over Lake Michigan.] § 3. Each of the 
counties bordering on Lake Michigan shall have jurisdiction over 
said lake eastwardly, to the east line of the state. 

ALTERATION OF COUNTY LINES. 

4. Petition to county board—Election ordered. 

5. Notices of election. 

6. Form of ballots—Effect of vote. 

7. Restriction. 

, 8 . Adjustment of debts. 

9. When territory released. 

10. When elections at discretion of county board. 

4. Petition to county board—Election ordered.] § 4. When 
a majority of the legal voters, residing upon any territory, not 
less than half of one congressional township, shall petition the 

county board of their own county, and also of the county to 

which they desire such territory to be transferred, for leave to 
have such territory transferred to such county, it shall be 
the duty of the several county boards so petitioned to order an 
election for such purpose in their respective counties, to be held 
within three months from the time of receiving such petition; 

(1) The present law relating to counties is a complete revision of the whole 
law relating to the same, and although it contains no express words of repeal, it 
must be regarded as a repeal of all other laws on the subject. Devine v. Board of 
Commissioners of Cook Co., 84 Ill. R., 590. 





Div. X.] 


ALTERATION OF COUNTY LINES. 


697 


which election shall be governed by the laws relating to general 
elections, and returns of said election shall be made to the Secre- 
tar 69° f ^ tatC aS f ° r count y oncers. [See Const., Art. 10, § 3, 

5. Notices of election.J § 5. Notices of such election shall 
contain a description of the territory proposed to be transferred, 
the names of the counties from and to which such transfer is in¬ 
tended to be made, and shall be posted as required for general 
elections. 

6. Form of ballots—Effect of vote.] § 6. The ballots used 
in the said elections may be in the following form, to-wit: “For 
transferring territory,” and “Against transferring territory,” 
when, if a majority of the voters voting upon said question in 
the county from which said territory is proposed to be taken, and 
a majority of the voters of the county to which the same is pro¬ 
posed to be transferred, shall be “For transferring territory,” 
then the said territory shall be transferred to and become a part 
of the county to which it is proposed to transfer the same, on 
and after the first day of March succeeding such elections, and 
shall be subject to all the laws, rules and regulations thereof: 
Provided, that all assessments and collection of taxes, and judi¬ 
cial or other official proceedings commenced prior to said first 
day of March, shall be continued, prosecuted and completed, in 
the same manner as if no such transfer had been made: And, 
provided, further, That all township or precinct officers within 
said transferred territory shall continue to hold their respective 
offices within the county to which they may be transferred, until 
their respective terms of office expire. 

7. Restriction.] § 7. No county shall be reduced, under 
the provisions of this Act, to less contents than 400 square miles; 
nor shall any county line be made to pass within less than ten 
miles of the county seat of the county from which the territory 
is so transferred. [See Const., Art. 10, § 1, p. 69. 

8. Adjustment of debts.] § 8. No territory transferred 
under the provisions of this Act shall be released from the pay¬ 
ment of its proportion of the debts of the county from which such 
territory is transferred; and such proportionate indebtedness 
from such transferred territory shall be collected by the county 
to which such territory is transferred, at an equal or greater rate 
than is levied and collected in the county from which such terri¬ 
tory was transferred—such rate to be ascertained by the certifi¬ 
cate of the county clerk of said last named county, and when so 
collected, to be paid over to the county entitled thereto. [See 
Const., Art. 10, § 3, p. 69. 





G98 


COUNTIES. 


[Div. X. 


9. When territory released.] § 9. When the county to 
which such territory is transferred shall also be indebted, the 
county board of such county shall release such transferred terri¬ 
tory from the payment of such indebtedness to an amount equal 
to that which said territory is required to pay to the county 
from which it was transferred. 

10. When elections at discretion of county board.] § 10. 

When a majority of the legal voters of any territory, less than 
half of one congressional township, shall petition the county 
boards as provided in section four of this Act, the said county 
boards may, in their discretion, order elections to be held as here¬ 
in provided; and in any case where elections have been held 
under this Act, and the result has been adverse to the petitioners, 
it shall be in the discretion of the said boards to order another 
election, on a petition to transfer the same territory, within 
three years from the time of holding such former election. 

NEW COUNTIES. 

11. Petition to county boards—Election. 

12. Certificate of result to Secretary of State—Notice to Governor— 

Election, etc. 

13. Justices, etc., continued in office. 

14. Canvass and return of votes. 

15. Oath of office—Organized—Circuit court. 

16. Transfer of suits—Lien of judgment, etc. 

17. Adjustment of property and debts. 

18. Commissioner to copy records—Appointment. 

19. Duty of such commissioner. 

20. Further duties—Evidence. 

21. Fixing county seat. 

11. Petition to county board—Election.] § 11. Whenever 
it is desired to form a new county out of one or more of the 
then existing counties, and a petition praying for the erection of 
such new county, stating and describing the territory proposed 
to be taken for such new county, together with the name of such 
proposed new county, signed by a majority of the legal voters 
residing in the territory to be stricken from such county or coun¬ 
ties, shall be presented to the county board of each county to be 
affected by such division, and it appearing that such new county 
can be constitutionally formed, it shall be the duty of such 
county board or county boards to make an order providing for 
the submission of the question of the erection of such new county 
to a vote of the people of the counties to be affected, at the next 
succeeding general election for the election of members of the 
General Assembly, of which the notice shall be given, the votes 
canvassed, and the returns made as in case of election of county 



Div. X.] 


NEW COUNTIES. 


699 


officers or members of the General Assembly; and the form of 
the ballot to be used in the determination of such question 
shall be as follows: “For new county,” and “Against new 
county .” 1 

12. Certificate of result to Secretary of State—Notice to 
Governor—Election, etc.] § 12. If it shall appear that a ma¬ 
jority of all the votes cast at such election, in each of the coun¬ 
ties interested, is in favor of the erection of such new county, 
the county clerk of each of said counties shall certify the same 
to the Secretary of State, stating in such certificate the name, 
territorial contents and boundaries of such new county; where¬ 
upon the Secretary of State shall notify the Governor of the re¬ 
sult of such election, whose duty it shall be to order an election 
of county officers for such new county, at such time as he shall 
designate, and he may, when necessary, fix the place [of] hold¬ 
ing election, notice of which shall be given in such manner as 
the Governor shall direct. At such election the qualified voters 
of said new county shall elect all county officers for said county, 
except as. hereinafter excepted, who shall be commissioned and 
qualified in the same manner as such officers are in other coun¬ 
ties in this State, and who shall continue in office until the next 
general election for such officers, and until their successors are 
elected and qualified, and who shall have all the jurisdiction and 

(1) Counties are the creatures of legislative will. They are vested with certain 
corporate powers, in order to enable them to perform the duties required of them 
as Part of the machinery of the State. The legislature may enlarge, modify or 
diminish them at any time, subject to the restriction of the State Constitution. 

Co * - * * * * v - A1 *>any Co., 92 U. S. R. (2 Otto), 307. But the legislature cannot 
abolish counties, and form their territory into one or more counties, nor take territory 
from one county and add it to another, without submitting the act to a vote of 
the inhabitants affected by such changes; nor can a county seat be removed without 
the affirmative vote of the electors of the county, nor can county lines be changed 
except by the vote of a majority of all the legal voters voting on the question. 
The People v. Marshall, 12 Ill. R., 391; The People v. Warfield, 20 Ill. R., 160. An 
organized county may be disorganized by the legislature. State v. McFadden, 23 
Minn. R., 40. 

Counties are public corporations, and are completely under legislative control. 
They can be changed, modified, enlarged, restrained or repealed, to suit the ever 
varying exigencies of the State, subject to the Constitution. Coles v. Madison Co., 
Breese R., 154; The People v. Wren, 4 Scam. R., 269. 

A county may be created and have existence as such, notwithstanding it has no 
county officers. And where a new county is created by setting off for that purpose 
organized townships from existing counties; the supervisors of these townships 
would be supervisors in the new county, and their powers would continue under the 
general law regulating the same, unless there be some provision to the contrary in 
the law creating the new county. Rice v. Ruddiman, 10 Mich. R., 125. 

In determining the area of a county, bodies of water lying within its boundaries 
are to be computed and considered as integral parts thereof. Powers ex rel., etc., 

v. Larrabee, 1 Wis R., 200. 

The government surveys are to be deemed correct, and a county containing just 
twenty-five townships, according to government survey, is to be deemed prima facie 
to contain an area of exactly nine hundred square miles. Brayton ex rel., etc., v. 
Merriman, 6 Wis. R., 14. 

Although the legislature, in an Act submitting to the electors the question of a 
division of their county, may have prescribed a form for the ballot, yet all other 
ballots not in that precise form are not thereby excluded; but when the intention 
of the elector can be clearly ascertained from the ballot itself, or by the aid of 
other competent evidence, such intention, should have effect, and. the vote be 
counted. Spaulding ex rel., etc., v. Elwood, 12 Wis. R., 551. 







700 


COUNTIES. 


[Div. X. 


perform all the duties which are or may be conferred upon such 
officers in other counties of this State. 

13. Justices, etc., continued in office.] § 13. All the jus¬ 
tices of the peace, constables, and other township or precinct 
officers, who were previously elected and qualified in the county 
or counties from which such new county has been formed, whose 
term of office shall not have expired at the time of said election, 
and whose residence shall be embraced within the limits of 
said new county, shall continue in office until their terms of 
office shall expire, and until their successors shall be elected and 
qualified. 

14. Canvass and return of votes.] § 14. The votes for the 
county officers of said new county shall be canvassed and re¬ 
turns made, by the county clerk or county clerks of the county or 
counties from which such new county was formed, as provided 
by law in other cases. 

15. Oath of office—Organized—Circuit court.] § 15. The 

oath of office may be administered to the several county officers 
of such new county by any person authorized by law to admin¬ 
ister oaths; and as soon as said county officers are duly quali¬ 
fied, the county shall be regarded as legally organized, and for 
judicial purposes shall be deemed and taken as belonging to the 
circuit in which said new county, or the greater part thereof, is 
embraced, and terms .of the circuit court shall be held at such 
place in said new county as the county board thereof shall desig¬ 
nate, until the county seat thereof shall be permanently located. 
The times of holding such court shall be appointed by the judge 
thereof, until otherwise provided by law. 

16. Transfer of suits, etc., lien of judgments, etc.] § 16. 
The courts of any county or counties from which such new 
county is erected may, by proper order, transfer any suit or other 
legal proceeding affecting real estate in such new county, to the 
proper court of such new county, or may transfer any suit and 
all papers and records pertaining thereto to such new county, 
when all the parties thereto are residents of such new county; but 
all judgments and other liens in the county or counties from 
which such new county was erected, shall have the same effect 
as if no new county had been erected. 

17. Adjustment of property and debts.] § 17. All the prop¬ 
erty, both real and personal, and all debts, liabilities and choses 
in action of every kind, belonging to the county or counties from 
which such new countv was formed, shall be divided by the sev¬ 
eral county boards of the counties interested, between the county 
or counties from which such new county is formed and the new 



Div. X.] 


NEW COUNTIES. 


701 


county, in proportion to the assessed value of property for the 
last preceding year which has been taken from such original 
county or counties and carried to such new county; and if such 
boards cannot agree upon such division, they may refer the mat¬ 
ter of difference to arbitrators, or the rights to such property 
may be settled by a bill in chancery, filed by either party for that 
purpose. In case the said property cannot be divided or re¬ 
moved, the county receiving the same shall pay to the other a 
proportionate value for the same. 

18. Commissioner to copy records—Appointment.] § 18. 
The county board of such new county shall, at any session of 
said board, by an order to be entered of record, appoint some 
competent person a commissioner, for the purpose hereinafter 
expressed, who shall take an oath of office before some person 
authorized by law to administer oaths. Said board shall, at the 
same time, provide a sufficient number of blank books, and de¬ 
liver them to said commissioner, who shall receipt for the same 
to the county clerk of said county. 

19. Duty of such commissioner.] § 19. As soon as said 
books shall be delivered to said commissioner, he shall record in 
each a copy of the order of his appointment and of his oath of 
office, and shall thereupon proceed to transcribe into such books, 
from the records of the county or several counties from which 
the new county is formed, all such deeds, mortgages and title 
papers of every description, with the certificates of acknowledg¬ 
ment thereto, and the date of the filing of the same for record, 
of lands lying in said new county which previously were recorded 
in the counties from which such new county was formed; and 
there shall be allowed said commissioner such sum as his services 
aforesaid are reasonably worth, to be paid out of the county 
treasury of the said new county. 

20. Further duties—Evidence.] § 20. Said commissioner 
shall note, at the end of each paper he shall transcribe, the book 
and page from which the same was transcribed, and shall make 
a correct double index of said records; and on the completion of 
his duties, said commissioner shall return said books to the re¬ 
corder of deeds of said new county, with his certificate attached 
thereto, showing that he has complied with the law; whereupon 
they shall be taken and considered, to all intents and purposes, 
as books of records of deeds, mortgages and title papers for said 
new county. And copies of said record, certified by the officer 
having the custody of the same, shall be evidence in all courts 
and places, in the same manner that copies of records are evi¬ 
dence in other cases, and with like effect. 





702 


COUNTIES. 


[Div. X. 


21. Fixing county seat.] §21. For the purpose of fixing 
the permanent location of the county seat of such new county, 
the voters of said county shall, at said election for county officers, 
vote for some place, to be designated upon their ballots, for a 
county seat; upon which ballot shall be written or printed, or 
partly written and partly printed, “For County Seat,” after 
which words shall be written or printed the name of the place 
intended for the county seat. The place receiving a majority of 
all the legal votes cast upon the question shall be the county 
seat of said county. But if no place shall receive a majority of 
all the votes cast upon the question, then it shall be the duty of 
the county board of said county to call another election within 
sixty days thereafter, at the several places of holding elections 
in said county, at which election the voters of said county shall 
proceed to vote as before, but shall choose from the two places 
having the greatest number of legal voters at the former elec¬ 
tion; and the place having the majority of all the legal votes cast 
at the second election shall be the permanent county seat of 
said county. 

OF THE POWERS AND DUTIES OF COUNTIES AND COUNTY 

BOARDS. 

22. Corporate name of county. 

23. By whom corporate powers exercised. 

24. Powers of county. 

25. Powers of county boards. 

26. Duties of county board. 

27. Raising tax in addition to constitutional limit. 

28. Issuing bonds and raising tax may be included. 

29. Former deeds, etc., confirmed. 

30. Contracts, etc.—Rights of county—Suits. 

31. Venue of suits by or against county. 

32. Jurors and witnesses. 

33. Duty of county board to prosecute and defend suit. 

34. How judgment against county paid. 

35. Auditing claims against county—Appeal. 

36. Summons. 

37. Transcript—filing same. 

38. Time of fixing compensation of county officers. 

39. Funds kept separate. 

40. Issuing county bonds. 

41. Neglect of duty. 

22. Corporate name of county.] § 22. Each county which 
has heretofore been, or may hereafter be established in this State, 
according to the laws thereof, shall be a body politic and corpor¬ 
ate, by the name and style of “The county of.,” and by that 

name may sue and be sued, plead and may be impleaded, defend 
and be defended against, in any court of record having jurisdic¬ 
tion of the subject matter, either in law or equity, or other place 





Div. X.] POWERS AND DUTIES OF COUNTY BOARDS. 


703 


where justice shall be administered. [Revised Stat. 1845, p. 
130, § 1. 

23. By whom corporate powers exercised.] § 23. The pow¬ 
ers of the county as a body corporate or politic, shall be exercised 
by a county board, to-wit: In counties under township organiza¬ 
tion (except the county of Cook), by the board of supervisors, which 
shall be composed of the town and such other supervisors as are or 
may be elected pursuant to law; in the county of Cook, by a board of 
county commissioners pursuant to section 7, article 10 of the Consti¬ 
tution ; in counties not under township organization, by the board of 
county commissioners. [Laws 1861, p. 236, § 4. 

24. Powers of county.] § 24. Each county shall have 
power: 

First—To purchase and hold the real and personal estate neces¬ 
sary for the uses of the county, and to purchase and hold, for the 
benefit of the county, real estate sold by virtue of judicial proceed¬ 
ings in which the county is plaintiff. 

Second—To sell and convey or lease any real or personal estate 
owned by the county. 

Third—To make all contracts and do all other acts in relation 
to the property and concerns of the county, necessary to the exercise 
of its corporate powers. 

Fourth—To take all necessary measures and institute proceed¬ 
ings to enforce all laws for the prevention of cruelty to animals. 

Fifth—To purchase and hold real estate upon which may be 
erected and maintained by the county a sanitarium for the care 
and treatment of the residents of the county who may be afflicted 
with tuberculosis; and to purchase, hold and use all necessary per¬ 
sonal property for the proper care and maintenance of such real 
estate and sanitarium. 

Sixth—To purchase and hold or lease real estate upon which 
may be erected and maintained buildings to be utilized for purposes 
of agricultural experiments and to purchase, hold and use personal 
property for the care and maintenance of such real estate in con¬ 
nection with such experimental purposes. [As amended by Act 
approved June 6, 1911. In force July 1, 1911. Laws 1911, p. 245. 

Sixth—To cause to be erected, or otherwise provided, suit¬ 
able buildings for, and maintain a county hospital and necessary 
branch hospitals for the care of such sick as may by law be proper 
charges upon the county, and to provide for the management of 
the same. [As amended by Act approved June 6, 1911. In force 
July 1, 1911. Laws 1911, p. 246. 



704 


COUNTIES. 


[Div. X. 


25. Powers of county boards.] § 25. The county boards 
of the several counties shall have power: 

First—To take and have the care and custody of all the real 
and personal estate owned by the county. 

Second—To manage the county funds and county business, 
except as otherwise specifically provided. 

Third—To examine and settle all accounts against the county, 
and all accounts concerning the receipts and expenditures of the 
county. 

Fourth—To cause to be erected, or otherwise provided, a suit¬ 
able workhouse, in which persons, convicted of offenses pun¬ 
ishable by imprisonment in the county jail, may be confined and 
employed, and to make rules and regulations for the management 
thereof. They may contract for the use of the city workhouse when 
the same can satisfactorily be done. 

Fifth—To cause to be erected, or otherwise provided, suitable 
buildings for, and maintain, a county insane asylum, and provide for 
the management of the same. 

Sixth—To cause to be annually levied and collected taxes for 
county purposes, including all purposes for which money may be 
raised by the county by taxation, not exceeding seventy-five cents on 
the one hundred dollars’ valuation, and in addition thereto, an an¬ 
nual tax not exceeding one hundred cents on the one hundred dol¬ 
lars, for the purpose of paying the interest and principal of indebt¬ 
edness which existed at the time of the adoption of the Constitution. 1 

Seventh—To authorize the vacation of any town plat when the 
same is not within any incorporated town, village or city, on the 
petition of two-thirds of the owners thereof. 

Eighth—To change the name of any town plat on the petition 
of a majority of the legal voters residing therein, when the in¬ 
habitants thereof have not become a body corporate. [See 
Revised Stat., chap. 107, § 28; Revised Stat. 1845, p. 1.32, § 17; 
p. 133, § 25; Laws 1859, p. 129, §§ 1, 2; Laws 1869, p. 160, § 1; 
p. 104, § 2. 

Ninth—To cause to be erected, or otherwise provided and 
maintained all suitable buildings for a sanitarium for the care and 
treatment of all persons suffering from tuberculosis who may be 
admitted to said sanitarium by or under the direction of, said board, 
and to provide for the maintenance and management of the same. 
[Added by Act approved April 26, 1909. In force July 1, 1909. 
Laws 1909, p. 162. 

(1) A resolution of a board of supervisors providing for raising money to be paid 
over to the towns without any definition of purposes, and to be spent under the direc¬ 
tions of a town officer, is unauthorized and void. Attorney General v. Supervisors of 
Bay Co., 34 Mich. R., 47. 





Div. X.] POWERS OF COUNTIES AND COUNTY BOARDS. 


705 


26. Duties of county board.] § 26. It shall be the duty of 

the county board of each county: 

First—To erect or otherwise provide when necessary, and the 
finances of the county will justify it, and keep in repair, a suitable 
court house, jail and other necessary county buildings, and to pro¬ 
vide proper rooms and offices for the accommodation of the several 
courts of record of the county, and for the county board, county 
clerk, county treasurer, recorder, sheriff, and the clerks of said 
courts, and to provide suitable furniture therefor. But in counties 
not under township organization, no appropriations shall be made 
for the erection of public buildings, without first submitting the 
proposition to a vote of the people of the county, and said vote shall 
be submitted in the same manner and under the same restrictions 
as provided for in like cases in section 27 of this Act; and the 
votes therefor shall be “For taxation,” specifying the object, and 
those against shall be “Against taxation,” specifying the object. 1 

Second—To provide and keep in repair, when the finances of 
the county permit, suitable fire-proof safes or offices for the county 
clerk, county treasurer, recorder, sheriff and clerks of said courts. 

Third—To provide suitable books, stationery, printing and 
postage for the use of the county board, county clerk, county 
treasurer, recorder, sheriff, coroner, State’s attorney, superintendent 
of schools, surveyor, judges and clerks of courts of record. 2 

Fourth—To cause to be published at the close of each annual, 
regular or special meeting of the board, a brief statement of the 
proceedings thereof in one or more newspapers published in the 

(1) County boards have, under the statute, the sole power to determine the size, 
cost and quality of the materials of which jails should be built. People ex rel. v. 
Board of Supervisors of La Salle Co., 84 Ill. R., 303. Vlilage of Princeville v. Anten 
et al., 77 Ill., 325. 

(2) The law provides that the clerks of the circuit and county courts shall 
procure the proper books and stationery for their respective offices, and it is the duty 
of the county board to provide the clerks of the circuit and county courts the neces¬ 
sary rooms and office furniture, vaults or other means for the safe keeping of the 
archives of the circuit and county clerks, and it is the duty of the county board to 
make allowances for the safe, and for articles of stationery necessary for their 
respective courts, out of the county treasury from time to time. Stationery includes 
necessary blanks for use. It ordinarily includes all articles usually sold by stationers. 
Revised Stat., 263, § 19, § 20. Knox Co. v. Arms, 22 Ill. R., 175. The county may 
appoint an agent to purchase stationery for these offices, but if be fails to keep them 
properly supplied the clerks may make the purchases themselves and bind the 
county. McClaughey v. Hancock Co., 4 6 Ill. R., 356. 

Sheriffs are not compelled to keep their offices at the county seat as the clerks 
are, and there being no statute warranting it, they cannot be allowed pay from the 
county for lights and fuel for their offices. Armsby V. Supervisors of Warren Co., 
20 Ill. R., 126. On the subject of sheriff’s fees for mileage in serving grand juries, 
see Bryner v. Board of Supervisors, 24 Ill. R., 195. 

It is held in Wisconsin, Jefferson Co. v. Besley, 5 Wis. R., 134, that the necessary 
lights and fuel for keeping of the several county offices in a suitable condition for 
the transaction of business, are a proper county charge; but this applies only to 
those officers who are entitled by law to keep their offices open for the accommoda¬ 
tion of the public. Board of Supervisors of De Kalb Co. v. Beveridge, 16 Ill. R., 312. 
Under this construction sheriffs would no doubt be allowed for necessary fuel and 
lights for the county jail. Opinion Att’y Gen’l Colville, Minn., July 7, 1867. 

The expense of keeping property of a county in repair, is a proper subject of 
charge against the county, as, also the expense of cleaning and painting courtrooms. 
And it is held in New York that an allowance of the account is final and conclusive 
as regards amount. People v. Stout, 23 Barb. R., 349. 





706 


COUNTIES. 


[Div. X. 


county, in which shall be set forth the name of every individual who 
shall have had any account audited and allowed by said board and 
the amount of said claim as allowed, and the amount claimed, and 
also their proceedings upon the equalization of the assessment roll: 
Provided, that no publication in a newspaper shall be required unless 
the same can be done without unreasonable expense. 

Fifth—To make out at its meeting in September, annually, a 
full and accurate statement of the receipts and expenditures of the 
preceding year, which statement shall contain a full and correct 
description of each item, from whom and on what account received, 
to whom paid, and on what account expended, together with an 
accurate statement of the finances of the county at the end of the 
fiscal year, including all debts and liabilities of every description 
and the assets and other means to discharge the same; and within 
thirty days thereafter to cause the same to be posted up at the court 
house door, and at two other places in the county and published for 
one week in some newspaper therein, if there is one, and the same 
can be done without unreasonable expense. [As amended by Act 
approved June 5, 1909. In force July 1, 1909. Laws 1909, p. 160. 

27. Raising tax in addition to Constitutional limit.] § 27. 
Whenever the county board shall deem it necessary to assess taxes 
the aggregate of which shall exceed the rate of seventy-five cents 
per one hundred dollars valuation of the property of the county, 
except when such excess is to be used for the payment of indebted¬ 
ness- existing at the adoption of the Constitution, the county board 
may, by an order entered of record, set forth substantially the 
amount of such excess required, the purpose for which the same 
will be required, and the number of years such excess will be re¬ 
quired to be levied, and if for the payment of interest or principal, 
or both, upon bonds, shall in a general way designate the bonds 
and specify the number of years such excess will be required to be 
levied, and provide for the submission of the question of assessing 
the additional rate required to a vote of the people of the county 
at the next election for county officers or at any judicial election held 
in such county after the adoption of the resolution: Provided, if 
such additional rate required is for the purpose of building a court 
house or any other public building for the county, a special election 
may be held for such purpose, and it shall be the duty of the county 
clerk in his election notice to give notice of such submission. The 
votes therefor shall be “For additional tax,” and those against shall 
be “Against additional tax.” The votes shall be canvassed and re- 

On the subject of taxation by county authorities the Constitution declares 
Art. IX, § 8, county authorities shall never assess taxes, the aggregate of which shall 
exceed 75 cents per $100 valuation, except for the payment of indebtedness existing 
at the adoption of this Constitution, unless authorized by a vote of the people of the 
county. 





Div. X.] POWERS OF COUNTIES AND COUNTY BOARDS. 


707 


turned the same as those for county officers, and if a majority of 
the votes cast upon the question are '‘for additional tax,” then 
the county board shall have power to cause such additional tax 
to be levied and collected in accordance with the terms of such 
resolution, and the money so collected shall be kept as a separate 
fund and disbursed only for the purpose for which the same was 
raised: Provided, any surplus that may remain after the payment 
of all demands against said fund, may be used for other purposes. 
[As amended by Act approved and in force May 14, 1909. Laws 
1909, p. 148. 

28. Issuing bonds and raising tax may be included.] § 28. 

If it shall be deemed necessary to submit to a vote of the people 
at the same election the question of issuing bonds and the raising 
of such additional tax, the same may be included in one proceeding, 
and in that case the votes in favor of issuing such bonds and levying 
such additional tax shall be "For bonds and additional tax,” and 
those against shall be "Against bonds and additional tax.” 

29. Former deeds, etc., confirmed.] § 29. All deeds, grants 
and conveyances heretofore made, and duly acknowledged and 
recorded as other deeds, conveying any lands, tenements or heredita¬ 
ments to any county or to the inhabitants of any county, or to the 
county commissioners, county commissioners’ court, county court, 
board of supervisors, or to the governor, or any other officer or 
person or persons, by whatever form of conveyance, for the use 
and benefit of any county, shall be good and valid, to all intents and 
purposes, to vest in such county, in fee simple or otherwise, all such 
right, title, interest and estate as the grantor or grantors in any such 
deed or conveyance had, at the time of the execution thereof, in the 
land conveyed and intended thereby to be conveyed. [Revised 
Stat. 1845, p. 132, § 14. 

30. Contracts, etc.—Rights of county—Suits.] § 30. All 

notes, bonds, bills, contracts, covenants, agreements or writings, 
made or to be made, whereby any person is or shall be bound 
to the People of the State of Illinois, or to any county or the 
inhabitants thereof, or to the county commissioners, county com¬ 
missioners’ court, or county court, or the board of supervisors, or 
to the governor, or any other officer or person, in whatever form, 
for the payment of money, or any debt or duty, or the per¬ 
formance of any matter or thing to or for the use of any county, 
shall be as valid and effectual, to all intents and purposes, to vest 
in said county all the rights, interest and actions which would be 
vested in any individual, if any such contract had been made 
directly to him. Suits may be commenced, sued and prosecuted 
thereon in the name of said county, as is provided herein, or in 



708 


COUNTIES. 


[Div. X. 


the name of the officer or person to whom they are made, to the 
use of the county, as fully and effectually, to all intents and pur¬ 
poses, as any person may or can upon like notes, bills, bonds, 
contracts, agreements or writings made to him. [Revised Stat. 
1845, p. 132, § 16. 

31. Venue of suits by or against County.] § 31. All actions, 
local or transitory, against any county, may be commenced and 
prosecuted to final judgment in the circuit court, or any court of 
general jurisdiction in the county against which the action is 
brought. Any action, local or transitory, in which any county 
shall be plaintiff, may be commenced and prosecuted to final 
judgment in the county in which the defendant in such action 
resides. [Revised Stat. 1845, p. 132, § 18. 

32. Jurors and witnesses.] § 32. In all actions brought by 
or against any county, the inhabitants of the county so suing or 
being sued may be jurors or witnesses, if otherwise competent 
or qualified according to law. [Revised Stat. 1845, p. 132, § 18. 

33. Duty of county board to prosecute and defend suit.] 
§ 33. It shall be the duty of the county boards of each of the 
counties of this State to take and order suitable and proper meas¬ 
ures for the prosecuting and defending of all suits to be brought 
by or against their respective counties, and all suits which it may 
become necessary to prosecute or defend to enforce the collec¬ 
tion of all taxes charged on the state assessment. [Revised Stat. 
1845, p. 133, § 19. 

34. How judgment against county paid.] § 34. Execu¬ 
tions shall not, in any case, issue against the lands or other prop¬ 
erty of a county; but when judgment is rendered against a county 
the county board shall direct an order to be drawn on the county 
treasurer for the amount of the judgment and costs—which order 
shall be paid as other county debts. 

A. Whenever a county board in any county shall in any 
year determine the amount of all taxes to be raised for county 
purposes, such board shall include among the purposes for which 
such taxes are to be raised the payment of any outstanding 
judgment or judgments against such county for the payment of 
which no other provisions have been made. 

B- The county board may provide for the payment of any 
such judgment or judgments and the interest thereon in equal 
annual installments, not exceeding, however, ten (10) in num¬ 
ber, and may include one of such installments in the amount of 
taxes to be raised for county purposes in each year, but the aggre¬ 
gate. amount of all taxes to be raised for county purposes shall 
not in any year exceed the rate of seventy-five (75) cents on the 



Div. X.J POWERS OF COUNTIES AND COUNTY BOARDS. 709 


one hundred dollars ($100) valuation of property unless author¬ 
ized by a vote of the people of the county. [As amended by Act 
approved May 13, 1905. In force July 1, 1905. Laws 1905. 
p. 134. 

35. Auditing claims against county—Appeal.] § 35. Be 

fore any claim against a county is audited and allowed, the claim¬ 
ant or his agent shall verify the same by his affidavit, stating that 
the several items therein mentioned are just and true, and the 
services charged therein, or articles furnished, as the case may 
be, were rendered or furnished as therein charged, and that th*?* 
amount claimed is due and unpaid after allowing all just credits. 
And when the claim of any person against a county is disal¬ 
lowed, in whole or in part, by the county board, and the nature 
of the claim is not such that the allowance is discretionary with 
the county board, such person may appeal from the decision of 
such board to the circuit court of the same county, upon filing 
bond with the clerk of such court within twenty days after the 
rendition of the decision, with such security as shall be approved 
by such clerk, in the penal sum of $250, payable to the People of 
the State of Illinois, for the use of such county, conditioned that 
he will prosecute the appeal with effect, and pay all costs that 
may be adjudged against him. 1 [Laws 1851, p. 193, § 1. 

36. Summons.] § 36. Upon such bond being filed with the 
in like form, as near as may be, as in cases of appeals from jus¬ 
tices of the peace, which shall be served as other summons 
said clerk, he shall issue a summons against the county board, 

37. Transcript—Filing same.] § 37. The county clerk 
shall, within ten days after the service of such summons, make 
out a certified copy of the decision appealed from, and transmit 
the same, together with all the papers in his possession apper- 


(1) An appeal may be taken from the decision of the board of supervisors in 
regard to the allowance of an account. See Knox Co. v. Arms, 22 Ill. R., 17&. This 
case was an appeal from the board of supervisors. 

If a claim for services rendered to the poor of a county or township be disallowed 
bv the county board, in whole or in part, the claimant may appeal, or, at his 
option bring an action against the county. So held in Indiana. Bartholomew v. 
Wright, 12 Ind. R., 187. 

Form of Affidavit of Correctness of Claim. 

State of Illinois, 

County, 


ss. 


A. B. being duly sworn, on oath, deposes and says that the. several items 

mentioned in the annexed claim of -,. against county, are just and true, 

and the services charged therein [or articles furnished] were rendered [or 
furnished] as therein charged and stated and that the amount claimed is 
due and unpaid after allowing all just credits. ^ g 

Subscribed and sworn to before me this 

day of -, A. D. 19— ^ ^ ] p 








710 


COUNTIES. 


[Div. X. 


taining to such decision, to the clerk of the circuit court, who 
shall file the same in his office and docket the case as in other 
cases of appeals. [Laws 1851, p. 193, §2. 

38. Time of fixing compensation of county officers.] § 38. 
The time of fixing the compensation of county officers whose 
compensation is to be fixed by the county board, shall be at the 
meeting of such board next before the regular election of the 
officers whose compensation is to be fixed; but in case where 
such compensation is not fixed, the board shall proceed, at the 
next regular or special meeting held thereafter, to fix such com¬ 
pensation. 1 [See Const., Art. 10, § 10, p. 70. 

39. Funds kept separate.] § 39. Whenever a tax is levied 
for the payment of a specific debt, the amount of such tax col¬ 
lected shall be kept as a separate fund in the county treasury, 
and expended only in the liquidation of such indebtedness. 


Form of Appeal Bond to Circuit Court in Appeal from Decision of County 

Board. 

Know all men by these presents, that A. B. and C. D. are held and 

firmly bound unto the People of the State of Illinois, for the use of - 

county, in the penal sum of two hundred and fifty dollars, lawful money 
of the United States of America, for the payment of which well and truly 
to be made we bind ourselves, our heirs, executors and administrators* 
jointly and severally, firmly by these presents. 

Witness our hands and seals this-day of-, A. D. 19—. 

The condition of this obligation is such, that whereas on the - day 

of-, A. D. 19—, the above bounden A. B. presented a claim for allow¬ 
ance, duly verified, in favor of - and against the county of - to 

the county board of said county, the allowance of which was not discretionary 
with said county board; and which claim the said county board of said 
county disallowed in whole [or in part], from which decision the said A. B. 

has taken an appeal to the circuit court of the county of - aforesaid. 

Now, if the said A. B. will prosecute his said appeal with effect and pay 

all costs that may be adjudged against him, then this obligation to be void, 

otherwise to remain in full force and effect. 


Bond and security approved by me this-] 

day of-, A. D. 19—. J. K., 


Clerk Circuit Court of 


county. 


C. D., [seal.] 
A. B., [seal.] 


(1) On the subject of fixing the compensation of county officers, the Constitution 
declares, Art. X, § 10: The county board, except as provided in § 9 of this article 
[Cook county] shall fix the compensation of all county officers, with the amount of 
their necessary clerk hire, stationery, fuel and other expenses, and in all cases 
where fees are provided for, said compensation shall be paid only out of, and shall 
in no instance exceed, the fees actually collected; they shall not allow either of them 
more per annum than $1,500, in counties not exceeding 20,000 inhabitants; $2,000 in 
counties containing 20,000 and not exceeding 30,000 inhabitants; $2,500 in counties 
containing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 
50,000 and not exceeding 70.000 inhabitants; $3,500 in counties containing 70,000 
and not exceeding 100,000 inhabitants; and $4,000 in counties containing over 100,000 
and not exceeding 250,000 inhabitants; and not more than $1,000 additional com¬ 
pensation for each additional 100,000 inhabitants: Provided, that the compensation 
of no officer shall be increased or diminished during his term of office. All fees 
or allowances by them received, in excess of their said compensation, shall be paid 
into the county treasury. 














Div. X.]. POWERS OF COUNTIES AND COUNTY BOARDS. 711 


Provided, that any surplus remaining in the treasury after full 
payment of such indebtedness shall be transferred to the com¬ 
mon fund of the county. [Laws 1863, p. 41, § 1. 

40. Issuing county bonds.] § 40. When the county board 
of any county shall deem it necessary to issue county bonds to 
enable them to perform any of the duties imposed upon them by 
law, they may, by an order, entered of record, specifying the 
amount of bonds required, and the object for which they are to 
be issued, submit to the legal voters of their county, at any gen¬ 
eral election, the question of issuing such county bonds. The 
amount of the bonds so issued shall not exceed, including the 
then existing indebtedness of the county, five per centum on the 
value of such taxable property of such county, as ascertained by 
the assessment for the State and county tax for the preceding 
year. Said vote shall be by ballot, on which shall be written or 
printed “For county bonds,” or “Against county bonds,” and if 
a majority of the votes at such election on that question shall be 
“For county bonds,” such county board shall be authorized to 
issue such bonds of not less than twenty-five dollars ($25), nor 
more than one thousand dollars ($1,000) each, payable respec¬ 
tively, in not less than one, nor more than twenty years, with 
interest, payable annually or semi-annually, at the rate of not 
more than eight per cent per annum. [As amended by Act ap¬ 
proved May 31, 1879. In force July 1, 1879. Laws 1879, p. 88. 

41. Neglect of duty.] §41. If any member of the county 
board of any county in this State shall wilfully neglect to per¬ 
form any of the duties which are or shall be required of him by 
law, as a member of the county board, he shall, for every such 

The word compensation, as used in the Constitution, § 10, Art. X, and of the 
statute enacted to carry the same into effect, refers only to the compensation of the 
officer for his personal services, and does not embrace the allowance which may be 
made for necessary clerk hire, stationery, fuel, etc. There is no limitation imposed 
by the Constitution upon the power of the county board to change, from time to time, 
during the term of the county officer, the amount allowed for these latter purposes 
as circumstances may show to be necessary. Opinion Att’y Gen’l Edsall, Jan. 
22, 1878. 

Where the county board fails to fix the compensation of the county clerk, 
elected after the adoption of the Constitution of 1870; he is not entitled to. appro¬ 
priate any of the fees of his office to his own use until the amount of his com¬ 
pensation is fixed. And where the board has once acted, and fixed the compensation 
of the county clerk, that compensation cannot be increased or diminished during his 
term. Purcell v. Parks, 82 Ill. R., 34 6. 

The words “county board,” as used in the Constitution, and required to fix the 
compensation of county officers, means the body of persons to whom is intrusted the 
transaction of county business, and the term embraces as well county courts, as 
board of supervisors and courts of county commissioners. Hughes et al. v. The 
People, use, etc., 82 Ill. R., 78. 

The county board has power to increase the allowance made to the county 
clerk for clerk hire at any time during his term of office, in case they find the 
allowance already made is insufficient. Where one county board has made a settle¬ 
ment with the county clerk as to the amount he is to receive for clerk hire for past 
services, I think such settlement is binding upon their successor. The clerk’s own 
compensation cannot be changed during his term of office. Opinion Att’y Gen 1 
Edsall, Aug. 6, 1877. 




712 


COUNTIES. 


[Div. X. 


offense, forfeit the sum of $200, to be recovered in an action of 
debt, before any justice of the peace of the county. 1 [See Re¬ 
vised Stat., chap. 38, § 208; Revised Stat., chap. 102, §“ 1, 4; Laws 
1861, p.. 238, § 19. 

PROVISIONS SPECIALLY APPLICABLE TO THE BOARD OF 
COUNTY COMMISSIONERS IN COUNTIES NOT 
UNDER TOWNSHIP ORGANIZATION. 

42. Commission— Oath. 

43. Meetings. 

44. Chairman. 

45. Quorum—Chairman pro tern. 

46. County board successor to county court. 

47. Supervision of highways, etc. 

48. Administering oaths. 

49. Acts legalized. 

42. Commission — Oath.] § 42. Each member of the board 
of county commissioners shall be commissioned by the gov¬ 
ernor, and shall, before entering upon the duties of his office, 
take and subscribe the following oath, which shall be filed in 
the office of the county clerk: 

I do splemnly swear [or affirm, as the case may be,] that I will support 
the constitution of the United States, and the constitution of the state of 
Illinois, and that I will faithfully discharge the duties of the office of county 
commissioner of -county, according to the best of my ability. 

43. Meetings.] § 43. The board of county commissioners 
shall hold regular sessions for the transaction of the business of 
the county, on the third Mondays of December, March, June and 
September, the second Monday of July of each year, and at such 
other times as may be provided by law, and may hold special 
sessions on the call of the chairman, or any two members of said 
board, whenever the business of the county requires it. [As 
amended by Act approved June 1, 1889. In force July 1, 1889. 
Laws 1889, p. 108. 

44. Chairman.] § 44. At the session of said commissioners 
in December of each year, they shall elect one of their number 
chairman for the ensuing year, who shall preside at their sessions 
and perform such duties as are or may be prescribed by law or by 
the order of said board. 

45. Quorum — Chairman pro tern.] § 45. A majority, of 
the members of said board shall constitute a quorum to do busi¬ 
ness, and, in hte absence of the chairman, a chairman pro tcm 
may be appointed. 

46. County board successor to county court.] § 46. The 

(1) Municipal corporations, such as counties, being created for governmental 
purposes, where they exercise the functions of subscribing in aid of railways under 
statutes, the. power to do so, must be clearly conferred, but strictly pursued. 
Harding v. Rockford, R. I. & St. L, Co. et al., 65 Ill. R., 90, 





Div. X.] 


BOARD OF COUNTY COMMISSIONERS. 


713 


board of county commissioners shall be the successor of the 
county court in relation to all matters concerning county affairs, 
and where, in any county not under township organization, the 
county court is authorized to do any act or make any contract 
on behalf of the county, such authority shall be vested in said 
board. 

47. Supervision of highways, etc.] § 47. Such board shall 
have general supervision of all highways, roads and bridges in 
the county, including State roads. 

48. Administering oaths.] § 48. The chairman or any 
member of the board of county commissioners may administer 
oaths to persons, concerning any matter submitted to the board, 
or connected with their powers or duties. 

49. Acts legalized.] §48 y 2 . All acts heretofore done by 
boards of county commissioners, which might have been done by 
county courts in counties in which the said courts have not con¬ 
tinued to do the business of said counties, are hereby legalized. 

PROVISIONS SPECIALLY APPLICABLE TO THE BOARD OF SU¬ 
PERVISORS IN COUNTIES UNDER 
TOWNSHIP ORGANIZATION. 

50. Annual and regular meetings. 

51. Special meetings. 

52. Organization of county board. 

53. Certificate of election. 

54. Quorum—Majority vote. 

55. Open doors. 

56. Administering oaths. 

57. Appropriations for roads and bridges. 

58. Boundaries of towns—New towns, etc. 

59. Naming towns. 

60. Committee to approve official bonds. 

50. Annual and regular meetings.] § 49. The annual meet¬ 
ings of the board of supervisors shall be holden on the second 
Tuesday of September in each and every year, at the county 
seat; and if the court house be convenient, shall be held therein. 
A regular meeting of the board shall be held on the second Mon¬ 
day of June of each and every year, at the county seat, and at 
such other times as may be prescribed by law. [As amended 
by Act approved and in force April 22, 1899. Laws 1899, p. 363. 

51. Special meetings.] § 50. Special meetings of the board 
of supervisors shall be held only when requested by at least 
one-third of the members of the board, which request shall be 
in writing, addressed to the clerk of the board, and specifying 
the time and place of such meeting, upon reception of which the 
clerk shall immediately transmit notice, in writing, of such meet¬ 
ing, to each of the members of the board. The clerk shall also 



714 


COUNTIES. 


[Div. X. 


cause notice of such meeting to be published in some newspaper 
printed in the county, if any there be. [Laws 1861, p. 236, § 2. 

52. Organization of county board.] § 51. The board of 
supervisors, at their first meeting in every year, shall organize by 
choosing one of their members as chairman, who shall preside 
at all meetings of the board during the year. In case of his ab¬ 
sence at any meeting, the members present shall choose one of 
their number as temporary chairman. 1 [Laws 1861, p. 236, § 4. 

53. Certificates of election.] § 52. The supervisors shall 
severally lay before the board, at the first meeting after the elec¬ 
tion, their several certificates of election, which shall be examined 
by the board, and if found regular, shall be filed in the office of 
the county clerk. [Laws 186i, p. 236, § 5. 

54. Quorum—Majority vote.] § 53. A majority of the 
supervisors of any county shall constitute a quorum for the 
transaction of business; and all questions which shall arise at 
meetings shall be determined by the votes of the majority of the 
supervisors present, except in such cases as is otherwise provided. 
[Laws 1861, p. 237, § 7. 


(1) The board of supervisors have no power to perform official acts except as 
a board. County Com’rs Randolph Co. v. Jones. Breese R., 237; Lynch v. Hartwell, 
8 Johns R., 422. When acting as a board in the line of their duty, the county is 
bound by their acts. Vermilion Co. v. Knight, 1 Scam. R., 97. 

Organization of the board and business.—The board of supervisors may elect a 
temporary chairman, whether there is a regular chairman in existence or not, and any 
meeting of the board at which a quorum is present must be regarded as valid. Town 
of Ottawa v. County of LaSalle, 11 Ill. R., 654. That is if regularly called in pur¬ 
suance of law. The board of supervisors is intended £o be organized as a deliberative 
body. In the absence of any special rules which they may adopt for their govern¬ 
ment, they will be governed by the general rules of parliamentary law. See post, 
appendix. Like all other bodies of the kind, they should perform their work through 
the aid of committees. The chairman or presiding officer appoints all committees, 
unless the assembly directs otherwise. Committees should consist of odd numbers, 
as three, five, seven or more. Committees are appointed with reference to the sub¬ 
jects of which the assembly has cognizance. 

The standing committees of a board of supervisors are usually the following: 
accounts; equalization of assessment; education; finance; jury list; poor and poor 
farm; public buildings; refunding taxes; roads and bridges. 

The first member named on a committee is the chairman, whose duty it is to 
regulate and preside at their meetings, and make a report of their conclusions. 

. . Select committees are sometimes appointed to consider a particular subject, where 

it is desired to give it special attention. It is the rule that the person moving a 
select committee should be first named as a member of it. 

The report of a committee embodies their conclusions concerning the subject 
referred. It may be verbal or written. The formal words of a written report are 
as follows: 

Form of Report of Committee. 

The committee on accounts [or, as the case may be], to whom was re¬ 
ferred the matter of [ state the matter referred] have had the same under 
consideration, and beg leave to report that [here set forth the conclusions 
of the committee]. 

All of which is respectfully submitted. 

The report may be signed by the chairman, under the direction of the committee, 
or by the members individually. All the members of a committee should have notice 
of their meeting, after which a majority may act and report. 

When a report is made there are two questions upon it: 1. Its acceptance. 2. 
Its adoption. A report is presumed to be accepted, and no motion to that effect is 
necessary. The question should be on its adoption. Concerning general parliamentary 
rules, see post, appendix. 




Div. X.j 


BOARD OF SUPERVISORS. 


715 


55. Open doors. J § 54. The board of supervisors shall sit 
with open doors, and all persons may attend their meetings. 
[Laws 1861, p. 237, § 8. 

56. Administering oaths.] §55. Every chairman of the 
said board shall have power to administer an oath to any person, 
concerning any matters submitted to the board, or connected 
with their powers and duties, and any member of said board shall 
have power to administer the oath required by law to any claimants 
presenting a claim against the county to be passed on by said board: 
Provided , that any member so administering an oath to such claim¬ 
ant shall not be allowed to charge a fee therefor. [As amended by 
Act approved May 14, 1903. In force July 1, 1903. Laws 1903, 
p. 137. 

57. Appropriations for roads and bridges.] § 56. Said 
board shall have power to appropriate funds to aid in the construc¬ 
tion of the roads and bridges in any part of the county, whenever a 
majority of the whole board of the county may deem it proper and 
expedient. [See “Roads and Bridges,” § 35, ante p. 144. Laws 
1861, p. 236, § 6, part 4. 

58. Boundaries of towns—New towns, etc.] § 57. Said 
board shall also have power to change the boundaries of towns, and 
to create new towns in their respective counties, in manner provided 
by law; to designate and give names thereto, and to fix the place 
of holding the first town meeting therein. 1 [See “Township Organ¬ 
ization Act,” Art. Ill, ante p. 42. Laws 1861, p. 236, § 6, part 5. 

59. Naming towns.] § 58. Whenever the board of super¬ 
visors shall create a new town, or change the name of an existing 
town, the proceedings in giving a name to such new town, or 
changing the name of an existing town, shall be as follows: The 
proposed name to be given to such new town, or existing town, 
shall be filed in the office of the auditor of public accounts, there 
to be retained for at least one year; and the auditor of public ac¬ 
counts, at any time after the filing of such proposed name, shall, 
upon application of said board, grant his certificate stating that such 
proposed name, from information appearing in his office, has not 
been adopted by any city, town, village or municipal corporation in 
this State; which certificate must be obtained by said board before 
any action whatever shall be taken by said board toward making 
such change of name; and all proceedings instituted in any court or 
other place, under a name changed, without complying with the 
provisions of this section, shall be held to be void and of no effect. 
If such name has been adopted elsewhere in this State, the Auditor 
of Public Accounts shall so notify the board, whereupon another 

(1) The manner provided for changing the boundaries of towns and creating 
pew towns, wi 1 ! be found, ante p. 41, Art. 3, § 1, 






716 


COUNTIES. 


[Div. X. 


name shall be filed in his office, which shall there remain in like 
manner as hereinbefore provided, and the certificate shall be issued 
by the Auditor of Public Accounts immediately after such filing, 
stating that such name had not been elsewhere adopted; whereupon 
said board may proceed to make such change of name, and not 
before; and all proceedings pending, and all rights and privileges 
acquired in the name of such town, by such town, or by any person 
residing therein, shall be secured to such town or person, and such 
proceedings continued to final consummation in such name, the same 
as though the same had not been changed. [Laws 1861, p. 238, § 16. 

60. Committee to approve official bonds.] §1. Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly: That in all cases where official bonds are required by 
law to be approved by the board of supervisors, in counties under 
township organization, such board may select a committee for that 
purpose, which committee shall have full power and authority to 
act, and its act have the same force and effect as if done by the 
board in session. [Approved June 17, 1887. In force July 1, 1887. 
Laws 1887, p. 156. 

SPECIAL PROVISIONS APPLICABLE TO THE BOARD OF COUNTY 
COMMISSIONERS OF COOK COUNTY. 

AN ACT to revise the law in relation to the election of county commissioners 

in Cook county and to fix their term of office. [Approved June 15, 

1893. In force July 1, 1893. Laws 1893, p. 92.] 

61. Fifteen Commissioners. 

62. President of Board. 

63. Vacancy in office of President. 

64. Terms of office. 

65. Repeal. 

66. Powers and Duties—Meeting. 

61. Fifteen county commissioners.] § 1. Be it enalted 

by the People of the State of Illinois represented in the General As¬ 
sembly: On the first Tuesday after the first Monday of November, 
A. D. 1914, and every four years thereafter, there shall be elected 
by the legal voters of Cook county fifteen county commissioners 
who shall hold their office respectively for the term of four years 
and until their successors are elected and qualified. Their term 
of office shall commence on the first Monday of December after 
their election. Ten of said commissioners shall be elected from 
the city of Chicago by the legal voters of said city, and five of said 
commissioners shall be elected from the towns outside of said 
city by the legal voters of said towns. [As amended by Act ap¬ 
proved June 25, 1913. In force July 1, 1913. Laws 1913, p. 202. 

62. President of board.] § 2. Every legal voter in said 
county may vote for and designate (upon his ballot cast for county 
commissioners) one of the candidates for commissioner to be presi- 



Div. X.] COUNTY COMMISSIONERS OF COOK COUNTY. 717 


dent of the county board, and the person who shall receive the 
highest number of such votes shall be declared elected president of 
said board. 

63. Vacancy in office of president.] §3. In case of the 
death, resignation, removal from office or other inability to act of 
the president so elected, the board of commissioners shall elect one 
of their number to fill the unexpired term of said president. 

64. Terms of office.] §4. The terms of office of said com¬ 
missioners shall begin on the first Monday of December after their 
election, and they shall hold their office respectively until their suc¬ 
cessors are elected and qualified. Each of the commissioners shall 
have been a resident of said county for five years next preceding his 
election. 

65. Repeal.] § 5. All laws and parts of laws in conflict 
with the provisions of this Act are hereby repealed. 

66. Powers and duties—Meeting.] § 61. The said com¬ 
missioners shall, severally, before they enter upon the discharge of 
their duties, take the oath of office prescribed by the Constitution, 
and they shall be known as the Board of Commissioners of Cook 
county, and as such board shall possess the powers, perform the 
duties and be subject to the rules, regulations and restrictions here¬ 
inafter specified, that is to say: 

First —Said board of commissioners shall hold regular meet¬ 
ings on the first Monday of December, January, February, March, 
June and September in each year. It shall be the duty of the presi¬ 
dent of the board of commissioners to call special meetings of the 
board whenever in his opinion the same may be necessary; and he 
shall preside at all of the meetings of said board, and generally 
perform the duties usually performed by a presiding officer: Pro¬ 
vided, that in the absence of the president, or of his inability to act, 
a president pro tempore may be elected, who shall during such ab¬ 
sence or inability, possess all the powers and perform all the duties 
by law vested in and required of the president. 

Second —the president of the board of commissioners shall have 
the same privilege of voting as any other commissioner; but he 
shall not have a casting vote upon any question upon which he has 
voted as commissioner. 

Third —All resolutions or motions whereby any money shall be 
appropriated or by virtue of which any contract shall be made or 
any act done which may, directly or indirectly, or in any manner 
whatever, create any pecuniary liability on the part of said county, 
shall be submitted to said board of commissioners in writing, or 
reduced to writing, before any vote shall be taken thereon; and if 
adopted by the board, the same shall not take effect until after the 




718 


COUNTIES. 


[Div. X, 


same shall have been approved in writing by the president of said 
board, except as hereinafter provided. It shall be the duty of the 
clerk of said board to deliver to the president thereof, upon his 
request, the original (or a copy) of each resolution or motion, so 
passed or adopted by said board as aforesaid within one day after 
its passage or adoption; and in case the president approves thereof, 
he shall sign the same and it shall thereupon be in full force and 
effect. In case the president shall not approve any such resolution 
or motion, he shall, within five days after the receipt of the same as 
aforesaid, return it to the clerk of the said board, with his objections 
thereto in writing. Such veto by the president may extend to any 
one or more items or appropriations contained in any resolution 
making an appropriation, or to the' entire resolution; and in case 
the veto only extends to a part of such resolution making an appro¬ 
priation the residue thereof not embraced within the veto shall take 
effect and be in force from the time of the receipt by said clerk of 
such veto of such part. Upon the return of any such resolution or 
motion by the president, with his objections thereto as aforesaid, the 
vote by which the same was passed shall be reconsidered by the board 
of commissioners as to so much thereof as may have been vetoed; 
and if, after such reconsideration, four-fifths of all the members 
elected to the board shall agree to pass the same by yeas and nays, 
to be entered on the journal, the same shall take effect, notwith¬ 
standing the president may have refused to approve thereof. In 
case the president shall fail or omit to either sign and approve or 
return, with his objections as aforesaid, any such motion or resolu¬ 
tion which shall have been passed or adopted by the board within 
six days after it shall have been so passed or adopted, the same shall 
take effect without the approval of the president. 

Fourth —Said board of commissioners shall have the manage¬ 
ment of the affairs of said Cook county in the manner provided by 
law, and may exercise the same powers, perform the same duties, 
and shall be subject to the same rules, regulations and penalties 
prescribed by law for the board of supervisors in other counties, 
except as herein otherwise provided; and shall also be subject to 
the rules, regulations and restrictions herein provided. 

Fifth —The said board of commissioners shall have no power 
or authority to delegate to any committee or other person or per¬ 
sons the “power to act” when such “power to act” shall involve the 
letting of any contract or the expenditure of public money exceed¬ 
ing the sum of five hundred dollars ($500) ; and any action of said 
board, or of any committee thereof, or of any other person or per¬ 
sons in violation of this section, shall be null and void. No money 
shall be appropriated or ordered paid by said county commissioners 
beyond the sum of five hundred dollars ($500) unless such appro¬ 
priation shall have been authorized by a vote of at least two-thirds 




Div. X.] COUNTY COMMISSIONERS OF COOK COUNTY. 719 


of the members elected to the said county board. And no officer 
of Cook county or other person shall incur any indebtedness on 
behalf of the county unless first authorized by said board of com¬ 
missioners. 

Sixth —Said board of commissioners shall, within the first 
quarter of each fiscal year, adopt a resolution, to be termed the 
annual appropriations bill, in and by which resolution said board 
shall appropriate such sums of money as may be necessary to defray 
all necessary expenses and liabilities of said Cook county, to be by 
said county paid or incurred , during and until the time of the adop¬ 
tion of the next annual appropriation bill under this section: Pro¬ 
vided, that said board shall not expend any money or incur any 
indebtedness or liability on behalf of said county in excess of the 
percentage and several amounts now limited by law, and based on 
the limit prescribed in the Constitution, when applied to the last 
previous assessment. Said appropriation bill shall specify the several 
objects and purposes for which such appropriations are made, and 
the amount appropriated for each object or purpose. If the Legis¬ 
lature shall by law provide, or shall at any time appear to have by 
law provided, for the publication of the assessment of real or per¬ 
sonal property, or both, to be paid for out of the county treasury, 
then said board of commissioners shall in each year, while such 
publication is required, make due provision for the cost thereof by 
sufficient appropriation in such resolution, which said appropria¬ 
tion shall take precedence over all other appropriations contained in 
such resolution, excepting the provision for principal and interest of 
county indebtedness, the ordinary, current salaries of county officials 
and employes, the maintenance of county property and institutions 
(including courts and juries), dieting occupants of the jails, prisons, 
hospitals and industrial schools, and the cost of elections required 
by law. Such appropriations shall take precedence of any appro¬ 
priation for contingent fund or building fund; and if the tax actu¬ 
ally collected in any such year shall be less than the total amount of 
the appropriations contained in said resolution, the items of appro¬ 
priation following in such resolution after such appropriation for 
publishing assessments, in the order herein directed, shall be first 
abated, before the appropriation for such publication of tax assess¬ 
ments shall be reduced. The vote of said board of commissioners 
upon said appropriation bill shall be taken by yeas and nays, and 
the same shall be entered upon the journal. Such appropriation bill 
shall not take effect until after it shall have been once published in 
a newspaper published in Chicago, and said board shall provide for 
and cause said appropriation bill to be published as aforesaid. After 
the adoption of such appropriation bill or resolution, the said board 
of commissioners shall not make any further or other appropriations 



720 


COUNTIES. 


[Div. X. 


prior to the adoption or passage of the next succeeding annual ap¬ 
propriation bill, and the said board of commissioners shall have no 
power, either directly or indirectly, to make any contract or to do 
any act which shall add to the county expenditures or liabilities in 
any year, anything or sum over and above the amount provided for 
in the annual appropriation bill for that fiscal year. No contract 
shall hereafter be made, or expense or liability incurred by the 
said board of commissioners, or any member or committee thereof, 
or by any person or persons, for or in its behalf, notwithstanding the 
expenditure may have been ordered by the said board of commis¬ 
sioners, unless an appropriation therefor shall have been previously 
made by said board in manner aforesaid: Provided, however, that 
nothing herein contained shall prevent the board of commissioners, 
by a concurring vote of four-fifths of all the commissioners (said 
votes to be taken by yeas and nays and entered upon the journal) 
from making any expenditure or incurring any liabilities rendered 
necessary, by any unforeseen casualty by fire, flood or otherwise, 
happening after the annual appropriation bill shall have been passed 
or adopted. Nor shall anything herein contained be construed to 
deprive the board of power to provide for and cause to be paid from 
the county funds any charge upon said county imposed by law, 
without the action of the board of commissioners, including fixed 
salaries of officers required by law to be paid from the county 
treasury, and to pay jurors’ fees and other charges fixed by law. 

Seventh —The board of commissioners shall establish and pro¬ 
vide for the appointment of a committee on finance and a committee 
on public service. There shall be a superintendent of public service, 
to be appointed by the president, by and with the consent of the 
board of commissioners, who shall hold his office for one year and 
until his successor is appointed. He may be suspended or removed 
by the president. He shall give a sufficient bond for the performance 
of his duties and be subject to the oversight and supervision of the 
committee on the public service. It shall be the duty of the superin¬ 
tendent, under authority of the board of commissioners, to purchase, 
receive and distribute all supplies necessary for the use and service 
of Cook county and its various institutions, of whatever nature, 
including all supplies necessary for dieting the prisoners confined in 
the jail of said county, and, to keep, on and after the first Monday 
in December, 1910, accurate accounts of and vouchers for the same, 
which shall be open to the inspection of the president and the com¬ 
mittee on public service and to the public. He shall also perform 
all other duties relative to the public service which may be assigned 
to him by the board of commissioners, who shall make and maintain 
regulations for the conduct and government of the department of 
public service not inconsistent with this Act. [As amended by Act 
approved June 8, 1909. In force July 1, 1909. Laws 1909, p. 149. 




Div. X.] COUNTY COMMISSIONERS OF COOK COUNTY. 721 


Eighth —All contracts for supplies, material and work for the 
County of Cook shall be let to the lowest responsible bidder, after 
due advertisement; but if in case of any emergency, it is necessary 
to purchase supplies not exceeding in amount $500, such purchase 
may be made by the superintendent in the open market, on authority 
given to him by the board of commissioners or the committee on 
public service. All contracts for supplies, material or work for 
Cook county shall be approved by the board of commissioners and 
signed by the president of the board, the superintendent of public 
service and the comptroller. Supplies shall be issued only on the 
requisitions of the responsible officers of the county institutions now 
or hereafter established by law, approved by the committee on public 
service. 

Ninth —All officers and employes of the County of Cook, in 
the classification hereinafter provided for, except those whose 
election or appointment is otherwise provided for by law, 
and except those enumerated in paragraph twentieth of this 
section, shall be appointed by the president of the board, according 
to the provisions of this section. The salaries or rate of compensa¬ 
tion of all officers and employes of said county, when not otherwise 
provided by law, shall be fixed by the board of commissioners and 
shall be fixed prior to the adoption of the annual appropriation, and 
shall not be changed during the year for which the appropriation 
is made. The board of commissioners shall also determine whether 
any or what amount of bond any officer or employe shall give. 

Tenth —Civil Service Commission.] The president of the 
county board shall at the first regular meeting of the first day after 
July, A. D. 1895, appoint three persons, who shall constitute and be 
known as the civil service commission of said county; one for a term 
ending on the first Monday of December, A. D. 1895 ; one for a term 
ending on the first Monday of December, A. D. 1896; and one 
ending on the first Monday of December, A. D. 1897, and until their 
respective successors are appointed and qualified. And at the 
respective dates above named, or soon thereafter, the president shall 
in like manner appoint one person as the successor, or a commis¬ 
sion, whose term shall then expire, to serve as a commissioner for 
three years, and until his successor is in like manner appointed and 
qualified. Two commissioners shall constitute a quorum. All ap¬ 
pointments to such commission, both original and to fill vacancies, 
shall be so made that not more than two members shall at the time 
of appointment be members of the same political party. Said com¬ 
missioner shall hold no other lucrative office or employment under 
the United States, the State of Illinois, or any municipal corporation 
or political division thereof. Each commissioner before entering 
upon the duties of his office, shall take the oath prescribed by the 
Constitution of this State. 




722 


COUNTIES. 


[Div. X. 


Eleventh —Removal of Commissioners—Vacancy.] The presi¬ 
dent may, in his discretion, remove any commissioner for incompe¬ 
tence, neglect of duty or malfeasance in office. The president shall 
at the next regular meeting report in writing any such removal to 
the board with his reasons therefor. Any vacancy in the office of. 
civil service commissioner shall be filled by appointment by the 
president. 

Tzvelfth —Classification.] Said commissioners shall classify all 
the offices and places of employment in said county with reference 
to the examination hereinafter provided for, except those offices 
and places mentioned in the twentieth paragraph in this section. 
The offices and places so classified by the commission shall constitute 
the classified civil service of said county, and no appointments to 
any of such offices or places or removals therefrom shall be made, 
except under and according to the rules hereinafter mentioned. 

Thirteenth —Rules.] Said commission shall make rules to carry 
out the purposes of this Act, and for examinations, appointments 
and removals in accordance with its provisions, and the commis¬ 
sion, may from time to time, make changes in the original rules. 

Fourteenth —Publication of Rules—Time of Taking Effect.] 
All rules made as hereinbefore provided, and all changes therein, 
shall forthwith be printed for distribution by said commission; and 
the commission shall give notice of the place or places where said 
rules may be obtained, by publication in one or more daily news¬ 
papers published in such county; and in each such publication shall 
be specified the date, not less than ten days subsequent to the date 
of such publication, when said rules shall go into operation. 

Fifteenth —Examinations.] All applicants for offices or places 
in said classified service, except those mentioned in the twentieth, 
paragraph of this section, shall be subjected to examination, which 
shall be public, competitive, and free to all citizens of the United 
States, with specified limitations as to residence, age, health, habits 
and moral character. Such examinations shall be practical in their 
character and shall relate to those matters which will fairly test the 
relative capacity of the persons examined to discharge the duties 
of the positions to which they seek to be appointed, and shall include 
tests of physical qualifications and health, and when appropriate, of 
manual skill. No questions in any examination shall relate to polit¬ 
ical or religious opinion or affiliation. The commission shall control 
all examinations and may, when an examination is to take place, 
designate a suitable number of persons, either in or not in the official 
service of said county, to be examiners; and it shall be the duty of 
such examiners, and, if in the official service, it shall be a part of 
their official duty, without extra compensation, to conduct such ex¬ 
amination as the commission may direct, and make return or report 





Div. X.] COUNTY COMMISSIONERS OF COOK COUNTY. 723 


thereof to said commission; and the commission may at any time 
substitute any other person, whether or not in such service, in the 
place of any one selected; and the commission may themselves, at 
any time, act as such examiners, and without appointing examiners. 
The examiners at any examination shall not all be members of the 
same political party. 

Sixteenth —Notice of Examinations.] Notice of the time and 
place and general scope of every examination shall be given by the 
commission by publication for two weeks preceding such examina¬ 
tion, in a daily newspaper of general circulation published in said 
county, and such notice shall also be posted by said commission in a 
conspicuous place in their office for two weeks before such exami¬ 
nation. Such further notice of examination may be given as the 
commission shall prescribe. 

Seventeenth —Registers.] From the returns or reports of the 
examiners, or from the examinations made by the commission, the 
commission shall prepare a register for each grade or class of posi¬ 
tions in the classified service of said county, of the person whose 
general average standing upon examination for such grade or class 
is not less than the minimum fixed by the rules of such commission, 
and who are otherwise eligible; and such persons shall take rank 
upon the registers as candidates in the order of their relative ex¬ 
cellence, as determined by examination, without reference to prior¬ 
ity of time of examination. Said commission may strike off names 
of candidates from the register after they have remained thereon 
for more than two years. 

Eighteenth —Promotions.] The commission shall, by its rules, 
provide for promotion in such classified service, on the basis of 
ascertained merit, examination and seniority in service, and shall 
provide, in all cases where it is practicable, that vacancies shall be 
filled by promotion. All examinations for promotion shall be com¬ 
petitive among such members of the next lower rank as desire to 
submit themselves to such examination; and it shall be the duty of 
the commission to submit to the appointing power the names of not 
more than three applicants for each promotion having the highest 
rating. The method of examination and the rules governing the 
same, and the method of certifying shall be the same as provided 
for applicants for original appointment. 

Nineteenth —Appointments to Classified Service.] The head of 
the institution, department or office in which a position classified 
under this Act is to be filled, shall notify the president of the board 
and said commission of that fact, and said commission shall certify 
to the appointing officer the name and address of the candidate 
standing highest upon the register for the class or grade said posi¬ 
tion belongs to, except that in case of laborers, where a choice by 




724 


COUNTIES. 


[Div. X. 


competition is impracticable, said commission may provide by its 
rules that the selection may be made by lot from among those can¬ 
didates proved fit by examination. In making such certification, 
sex shall be disregarded, except when some statute, the rules of 
said commission or the appointing power specifies sex. Said ap¬ 
pointing officer, meaning thereby the president of said board, shall 
notify said commission of each position to be filled separately, and 
shall fill such place by the appointment of the person certified by 
said commission therefor, which appointment shall be on probation 
for a period to be fixed by said rules. At or before the expiration 
of the period of probation, the officer having the power of appoint¬ 
ment may, with the consent of said commission, discharge such 
person so appointed on probation, upon assigning in writing to said 
commission his reasons therefor. 

Twentieth —Exemptions.] The president of the board of com¬ 
missioners of Cook county shall, with the advice and consent of the 
board, appoint the warden of the county hospital, the superintend¬ 
ent of the insane asylum and poor house, the county agent, the 
county physician, the custodians of court house and criminal court 
building, the county attorney, the county architect, the committee, 
clerk of the county board, and the said officers and the superin¬ 
tendent of public service shall not be included in the said classified 
service. 

Twenty-first —Removals and Reduction.] Removals from the 
classified service or reduction in grade of compensation, or both, 
may be made in any department of the service by the head of such 
department, for any cause which will promote the efficiency of the 
service; but only on written specifications by the officer making the 
removal or reduction; and the person sought to be removed or re¬ 
duced shall have notice and shall be served with a copy of the 
specifications and be allowed reasonable time for answering the 
same in writing; and a copy of the notice, specifications, answer 
and of the order of removal or reduction shall be filed with the 
Civil Service Commission. The said commission shall investigate 
any removal or reduction which it has reason to believe has not 
been made in accordance with the provisions of this section; and it 
may in any case investigate any removal or reductio i, and then in 
accordance with its findings, approve or disapprove the same. The 
finding and decision of the said commission shall in every case be 
final, and shall be certified to the appointing officer, and shall be 
forthwith enforced by such officer. A copy of said papers in each 
case shall be made a part of the record of the division of the service 
in which the removal or reduction is made. Nothing in this Act 
shall limit the power of any officer to suspend a subordinate, with¬ 
out pay, for cause assigned in writing, for reasonable period, not 
exceeding thirty days. In the course of an investigation of charges, 



Div. X.] COUNTY COMMISSIONERS OF COOK COUNTY. 725 


each member of the Civil Service Commission shall have the power 
to administer oaths, and shall have the power to secure by its sub¬ 
poena, both the attendance and testimony of witnesses, and the pro¬ 
duction of books and papers relevant to such investigation. 

Twenty-second —Report To Commission.] Immediate notice in 
writing shall be given by the appointing power to said commission 
of all appointments, permanent or temporary, made in such class¬ 
ified civil service, and of all transfers, promotions, resignations or 
vacancies from any cause in such service and of the date thereof; 
and a record of the same shall be kept by said commission. When 
any office or place of employment is created or abolished, or the 
compensation attached thereto altered, the officer or board making 
such change shall immediately report it in writing to said com¬ 
mission. 

Twenty-third —Investigations.] The commission shall investi¬ 
gate the enforcement of this Act and its rules, and the action of 
examiners herein provided for, and the conduct and action of the 
appointees in the classified civil service of said county. In the 
course of such investigation each commissioner shall have power to 
administer oaths, and said commission shall have power to secure 
by its subpoena both the attendance and testimony of witnesses and 
the production of books and papers relevant to such investigations. 

Twenty-fourth —Report of Commission.] Said commission 
shall on or before the first Monday of September of each year make 
to the president for transmission to the board of commissioners a 
report showing its own action, the rules in force, the practical 
effects thereof, and any such suggestions it may approve for the 
more effectual accomplishment of the purposes of this Act. The 
president may require a report from said commission at any time. 

Twenty-fifth —The Civil Service Commission shall select one of 
their own number to act as chairman and one as secretary. The 
secretary shall keep the minutes of its proceedings, preserve all re¬ 
ports made to it, keep a record of all examinations held under its 
direction and perform such other duties as the commission shall 
require. 

Twenty-sixth —Officers to Aid—Rooms.] All officers of said 
county shall aid said commission in all proper ways in carrying 
out the provisions of this Act, and at any place where examinations 
are to be held shall allow the reasonable use of public buildings for 
holding such examinations. The board of county commissioners 
shall cause suitable rooms to be provided for said commission at the 
expense of said county. 

Twenty-seventh —Salaries and Expenses.] Each of said Civil 
Service Commissioners shall receive a salary of fifteen hundred 
dollars a year, and said commission may also incur expenses not 



726 


COUNTIES. 


[Div. X. 


exceeding five hundred dollars a year for printing, stationery and 
other incidental matters. 

Twenty-eighth —Appropriations.] A sufficient sum of money 
shall be appropriated each year by said board to carry out the pro¬ 
visions of this Act in said county. If the board shall have already 
made the annual appropriation for county purposes for the current 
fiscal year, the board is authorized and required to pay the salaries 
and expenses of the Civil Service Commission for such fiscal year 
out of the moneys appropriated for contingent purposes by said 
board. 

Twenty-ninth —Frauds Prohibited.] No person or officer shall 
willfully or corruptly, by himself or co-operation with any one or 
more other persons, defeat, deceive or obstruct any person in re¬ 
spect to his or her right of examination, or corruptly or falsely 
mark, grade, estimate or report upon the examination or proper 
standing of any person examined hereunder, or aid in so doing, or 
willfully or corruptly make any false representation concerning the 
same or concerning the person examined, or willfully or corruptly 
furnish to any person any special or secret information for the 
purpose of improving or injuring the prospects or chances of any 
person so examined or to be examined being employed or promoted. 

Thirtieth —No Officer to Solicit or Recerve Political Contribu¬ 
tions.] No officer or employee in the classified civil service of said 
county or named in the twentieth paragraph of this section, shall 
solicit, orally or by letter, or receive or pay, or be in (any) manner 
concerned in soliciting, receiving or paying any assessments, sub¬ 
scriptions or contributions for any party or political purposes what¬ 
ever. 

Thirty-first —No Person to Solicit Political Contributions from 
Officers or Employees.] No person shall solicit, orally or by letter, 
or be in any manner concerned in soliciting any assessment, contri¬ 
bution or payment, for any party or for any political purpose what¬ 
ever, from any officer or employee in the classified civil service of 
said county or named in the twentieth paragraph of this section. 

Thirty-second —Assessments and Contributions in Public Offices 
Forbidden.] No person shall in any room or building occupied for 
the discharge of official duties by any officer or employee in the 
classified civil service of said county, or named in the twentieth 
paragraph of this section, solicit, orally or by written communica¬ 
tion, deliver therein or in any other manner, or receive any con¬ 
tribution of money or other thing of value, for any party or politi¬ 
cal purpose whatever. No officer, agent, clerk or employee in the 
classified civil service of said county or named in the twentieth 
paragraph of this section, who may have charge or control of any 
building, office or room, occupied for any purpose of said govern¬ 
ment, shall permit any person to enter the same, for the purpose 




Div. X.] COUNTY COMMISSIONERS OF COOK COUNTY. 


727 


of therein soliciting or delivering written solicitations for, or receiv- 
ing or giving notice of any political assessment. 

Thirty-third— Payments of Political Assessments to Public 
Officers Prohibited.] No officer or employee in the classified civil 
service of said county or named in the twentieth paragraph of this 
section shall, directly or indirectly, give or hand over to any officer 
or employee or to any senator or representative or alderman, coun¬ 
cilman or commissioner, any money or other valuable thing on ac¬ 
count of or to be applied to the promotion of any party or political 
object whatever. 

Thirty-fourth —Abuse of Political Influence Prohibited.] No 
officer or employee in said classified service or named in the twen¬ 
tieth paragraph of this section shall discharge or degrade or pro¬ 
mote, or in any manner change the official rank or compensation of 
any other officer or employee, or promise or threaten to do so, for 
giving or withholding or neglecting to make any contribution of 
money or other valuable thing for any party or political purpose, 
or for refusal or neglect to render any party or political service. 

Thirty-fifth —Payment For Place Prohibited.] No applicant 
for appointment in said classified civil service, or to a position 
named in the twentieth paragraph of this section, either directly or 
indirectly, shall pay, or promise to pay any money or other valu¬ 
able thing to any person whatever for or on account of his appoint¬ 
ment, or proposed appointment, and no officer or employee in said 
civil service or named in said paragraph shall pay or promise to 
pay, either directly or indirectly, any person any money or other 
valuable thing whatever for or on account of his promotion. 

Thirty-sixth —Recommendation In Consideration of Political 
Service Prohibited.] No applicant for appointment or promotion 
in classified civil service shall ask for or receive a recommendation 
for assistance from any officer or employee in said service, or of any 
person upon the consideration of any political^service to be rendered 
to or for such person or for the promotion of such person to any 
office or employment. 

Thirty-seventh —Auditing Officer.] No accounting or auditing 
officer shall allow the claim of any public officer for services of any 
deputy or other person employed in the public service in violation 
of the provisions of this Act. 

Thirty-eighth —Appointments and Removal to Be Certified to 
the Comptroller.] The commission shall certify to the county clerk 
or other auditing officers, all appointments to offices and places in 
the classified civil service, and all vacancies occurring therein, 
whether by dismissal, resignation or death, and all findings made or 
approved by the commission under the provisions of the twenty- 
first paragraph of this section, that a person shall be discharged 
from the classified service. 





728 


COUNTIES. 


[Div. X. 


Thirty-ninth —Comptroller to Pay Salaries, Only After Certifi¬ 
cation.] No county clerk, comptroller or other auditing officer of 
said county shall approve the payment of, or be in any manner con¬ 
cerned in paying any salary or wages to any person for services 
as an officer or employee of said county unless such person is occu¬ 
pying an office or place of employment according to the provisions 
of law and is entitled to payment therefor. 

Fortieth —Compelling Testimony of Witnesses—Production of 
Books and Papers.] Any person who shall be served with a sub¬ 
poena to appear and testify, or to produce books and papers, issued 
by the commission or by any commissioners or by any board or 
person acting under the orders of the commission in the course of 
an investigation conducted either under the provisions of the twenty- 
first or twenty-third paragraph of this section, and who shall refuse 
or neglect to appear or testify, or to produce books and papers rele¬ 
vant to said investigation as commanded in such subpoena, shall be 
guilty of a misdemeanor, and shall, on conviction, be punished as 
provided in the forty-first paragraph of this section. The fees of 
witnesses for attendance and travel shall be the same as the fees of 
witnesses before the circuit courts, and shall be paid from the appro¬ 
priation for the expenses of the commission. And any circuit court 
or any judge thereof, either in term time or vacation, upon applica¬ 
tion of any such commissioner or officer or board may, in his dis¬ 
cretion, compel the attendance of witnesses, the production of books 
and papers, and giving of testimony before the commission, or be¬ 
fore any such commissioner, investigating board or officer by at¬ 
tachment for contempt or otherwise in the same manner as the 
production of evidence may be compelled before said court. Every 
person who, having taken an oath or made affirmation before a 
commissioner or officer appointed by the commission authorized to 
administer oaths, shall swear or affirm willfully, corruptly and 
falsely, shall be guilty of perjury, and upon conviction shall be pun¬ 
ished accordingly. 

Forty-first —Penalties.] Any person who shall willfully, or 
through culpable negligence violate any of the provisions of this 
Act or any rule promulgated in accordance with the provisions 
thereof shall be guilty of a misdemeanor and shall, on conviction 
thereof, be punished by a fine of not less than fifty dollars and not 
exceeding one thousand dollars, or by imprisonment in the county 
jail for a term not exceeding six months, or by both such fine and 
imprisonment in the discretion of the court. 

Forty-second —Penalties, Disqualification to Hold Office.] If 
any person shall be convicted under the next preceding section, any 
public office or place of public employment, which such person may 
hold shall, by force of such conviction, be rendered vacant, and such 




Div. X.] APPOINTMENT OF PHYSICIAN, Etc., FOR COUNTY. 729 


person shall be incapable of holding any office or place of public 
employment for the period of five years from the date of such con¬ 
viction. 

Forty-third —What Officers to Prosecute.] Prosecutions for 
violations of this Act may be instituted either by the Attorney- 
General, the State s Attorney for the county in which the offense 
is alleged to have been committed, or by the commission acting 
through special counsel. Such suits shall be conducted and con¬ 
trolled by the prosecuting officers who instituted them, unless they 
request the aid of other prosecuting officers. [As amended by Act 
approved June 8, 1909. In force July 1, 1909. Laws 1909, p. 149. 

APPOINTMENT OF PHYSICIAN, ETC, FOR COUNTY. 

AN ACT concerning the classified civil service of the County of Cook. 

[Approved May 16, 1905. In force July 1, 1905. Laws 1905, p. 89.] 

67. Appointment, etc, of physicians, etc, to be under provisions of sec¬ 

tion 61. 

68. County clerk, clerk of the board and ex-officio comptroller—Powers 

and duty. 

69. Office of auditor created—Uniform system of books of account in 

county offices—Reports—Access to books—Assistance. 

67. Appointment, etc., of physicians, etc., to be under pro¬ 
visions of section 61.] § 1. Be it enacted by the People of the 

State of Illinois, represented in the General Assembly: The ap¬ 
pointment, employment and removal by the Board of Commis¬ 
sioners of Cook County, of all physicians and surgeons and nurses 
for the care and treatment of the sick, poor and insane of .said 
county shall be made only in conformity to the provisions of 
§ 61 of an Act entitled, “An Act to revise the law in relation to 
counties. ,, Approved March 31, 1874, as amended by an Act ap¬ 
proved June 14, 1887, and as amended by an Act of June 26, 
1895, enforced July 1895. The Board of Commissioners of Cook 
county may provide that such physicians and surgeons be ap¬ 
portioned among the recognized schools of medicine in such 
proportion as said board may from time to time determine, and 
may contract with any recognized training school for the nurs¬ 
ing of any or all of such insane or sick: Provided, however, that 
all such physicians and surgeons who serve without compensation 
shall be appointed only for a term of six years, and that the physi¬ 
cians and surgeons usually designated and known as internes 
shall be appointed only for a term of eighteen months. And, pro¬ 
vided, that there may also, at the discretion of the board, be a 
consulting staff of physicians and surgeons, which staff may be 
appointed by the president, subject to the approval of the board. 





730 


COUNTIES. 


[Div. X. 


68. County clerk, clerk of the board and ex-officio comp¬ 
troller—Powers and duty.] § 62. The county clerk of Cook 
county shall be clerk of the board of county commissioners; and 
all laws applicable to the county clerks of other counties under 
township organization, shall be applicable to him. He shall, also, 
ex officio, be the comptroller of the county financial affairs, and 
as such, shall have charge of all deeds, mortgages, contracts, 
judgments, notes, bonds, debts and choses in action belonging to the 
said county, except such as are directed by law to be deposited else¬ 
where, and shall carefully preserve the same; he shall, subject 
to the approval of the board of commissioners, revise, audit and 
settle all accounts in which the county is concerned, either as 
debtor or creditor, or where provision for the settlement thereof 
is not otherwise provided for by law, and the settlement of which 
is not especially committed to some other authority; Provided, that 
no payment of any account so settled or adjusted shall be made ex¬ 
cept by the order of the County Board, after approval by the finance 
committee. He shall have the power, in making such settlements 
and adjustments, and for the purpose of ascertaining the true state 
of any balance or balances so due, to require any claimant or claim¬ 
ants to deposit and file with him,, as such comptroller, a statement 
in writing, under oath, as to any fact, matter or thing concerning 
the correctness of any account, claim or demand presented. He 
shall open and keep in a clear, methodical manner a complete set of 
books, under the direction of the President of the Board and 
Finance Committee thereof, wherein shall be stated, among other 
things, the appropriations for the fiscal year for each distinct object 
and branch of expenditure, and also the estimated receipts from each 
and every source of revenue, so far as he can ascertain the same. 
Said books and all papers, vouchers, contracts, bonds, receipts and 
other things kept in said office, shall be subject to the examination 
of the President of the Board and of the finance committee. It 
shall be his duty, at the close of each fiscal year to place to the 
credit of a general fund all unexpended appropriations for such 
year, but which shall not include the amount required to liquidate 
contracts or liabilities entered into by virtue or authority of such 
appropriation, and which remain unpaid at the close of the fiscal 
year: Provided, that no such disposition shall be made of any trust 
fund or funds that by law are specific and under the direct control 
of officers specially appointed for their disbursement. He shall 
make out an annual statement for publication on or before the first 
day of February in each year, giving a full and detailed statement 
of all the receipts and expenditures during the fiscal year. Such 
statements shall also detail all the liabilities and resources of said 
county, the condition of all unexpended appropriations and contracts 



Div. X.] APPOINTMENT OF PHYSICIAN, Etc., FOR COUNTY. 731 


unfulfilled, and the balance of money then remaining in the treas¬ 
ury, with all sums due and outstanding, and the amounts unac¬ 
counted for, and all other things necessary to exhibit the true 
financial condition of the county, which statement, when examined 
and approved by the finance committee, shall be published by him as 
aforesaid. He shall, also, on or before the first Monday of Feb¬ 
ruary, in each year, before the annual appropriations are made by 
the county board, submit to the board a report of the estimates 
necessary, as nearly as may be, to defray the expenses of the county 
government during the current fiscal year; he shall, in said report, 
classify the different objects and branches of said county expendi¬ 
ture, giving as nearly as possible the amount required for each 
class, and for this purpose it shall be the duty of all county officers 
and heads of departments to make and furnish the comptroller, on 
his request, statements of the condition and expenditure of their 
respective departments and offices, with any desired alterations and 
improvements, and the probable expense thereof. It shall be the 
duty of any committee of the board charged with the expenditure 
of money for buildings or improvements to make and furnish him a 
similar statement, and of all contracts already made and unfinished, 
and the amount of any unexpended appropriations of the preceding 
year. The comptroller shall, in such report, also show the aggre¬ 
gate income of the preceding fiscal year from all sources, the amount 
of liabilities outstanding upon which interest is to be paid, and of 
bonds and county debts payable during the fiscal year, and when 
and where payable. He shall also make and publish monthly state¬ 
ments giving full and detailed accounts of all moneys received and 
expended for the public service of the county. He shall sign all 
warrants drawn upon the treasurer, which shall be countersigned 
by the president of the board, and the same shall state therein the 
particular fund or appropriation to which the same is chargeable. 
No money shall be paid out of the county treasury except upon such 
warrants so drawn, nor shall any warrant be issued except against 
an appropriation theretofore made by the county board in accordance 
with § 61 of this Act. The president of the board of commissioners, 
the county clerk as comptroller, the treasurer, and the finance 
committee, shall meet in the month of December to compare and 
revise all statements made by the comptroller, treasurer and the 
other accounting officers and committees, and the comptroller shall 
embody the result of such action in his report to the board of com¬ 
missioners. The fiscal year of said County of Cook shall commence 
on the first Monday of December and end on the Sunday preceding 
the first Monday of December of each year, so long as the law re¬ 
quires the board of commissioners to be elected in the month of 
November: Provided , however, That if at the time this amendatory 
Act takes effect there is in force, or may thereafter be in force, a 



732 


COUNTIES. 


[Div. X. 


law requiring or authorizing said commissioners to be elected in 
the month of April instead of November, then, and in that case, the 
fiscal year of said County shall begin on the first day of June in 
each year and end on the thirty-first day of May next thereafter, 
and, also, in that event, the regular meetings of said board of com¬ 
missioners shall be held on the first Mondays of May, June, July, 
August, September and February, instead of the months specified 
for such meetings in the preceding § 61, and corresponding changes 
shall be made in the other dates or months specified in said § 61, as 
well as in the provisions of this section preceding this proviso, thus: 
January shall be changed to June, February to July, and December 
to May, and all Acts or things so required to be done or performed, 
or begin or terminate, in said month of January, February, and 
December, respectively, shall be done and performed, or begin or 
terminate in the month of June, July and May, respectively. (As 
amended by Act approved June 14, 1887, in force July 1, 1887.) 
[As amended by Act approved April 24, 1899. In force July 1, 
1899. Laws 1899, p. 125. 

69. Office of auditor created—Uniform system of books of 
account in county offices—Reports—Access to books—Assist¬ 
ance.] § 62a. That in the county of Cook there is hereby cre¬ 
ated the office of auditor who shall be appointed by the presi¬ 
dent of the county board by and with the advice and consent of 
said board, and whose compensation and official bond shall be 
fixed by said board; and there shall be formulated, installed and 
regulated by and under the direction and authority of the said 
county board a uniform system of books of account, forms, re¬ 
ports and records to be used in the offices of every county’ officer 
of Cook county, which said system of books of account., forms, 
reports and records so formulated under the direction of the said 
county board and installed and regulated shall be used by said 
county officers for the purpose of keeping an accurate statement 
of monies received by them and all the financial and business 
transactions of their respective offices; and said auditor shall 
audit or cause to be audited from day to day the receipts of the 
said several offices and the reports of the said offices of the busi¬ 
ness transactions of their respective offices and certify to their 
correctness or incorrectness to the county board. Said auditor 
shall report monthly to the county board a summarized and 
classified statement of the official transactions of each of the 
said offices of each officer of Cook county for each day of said 
month; and the said auditor shall further make a semi-annual 
report to the county board containing a recapitulation of the re¬ 
ceipts of the several offices for the preceding six months, such 



Div. X.J. 


UNITING COUNTIES. 


733 


report to include the period covered by the semi-annual report 
of the several officers of the county of Cook to the county board 
where a semi-annual report is required by law from said officers. 

That for the purpose aforesaid the said county board or any 
one authorized by it in addition to the power and authority 
vested in them by sections 51 and 52 of an Act entitled, “An 
Act concerning fees and salaries and to classify the several coun¬ 
ties of the State with reference thereto,” approved March 29th, 
1872, in force July 1st, 1872, as amended by Act approved March 
28th, 1874, in force July 1st, 1874, and all Acts amendatory there¬ 
to, are hereby vested with power and authority to enter the 
office of any county officer of Cook county at all times and to 
have free and unrestricted access to all the books, papers, forms, 
reports, accounts and memoranda used by said officers for the 
transaction of the business of their respective offices for the pur¬ 
pose of auditing, checking or correcting the reports when re¬ 
ports to the county board are required from said offices by law, 
or compiling the records provided herein to be made to the 
county board, or auditing the general business of the offices. 
Said auditor may under the direction of the county board pre¬ 
scribe new forms, reports, accounts or records to be used by said 
officers in the transaction of the said business of their several 
respective offices, or change, alter or amend the same from time 
to time. The said auditor may with the authority of the presi¬ 
dent of the county board employ assistants, the number and 
compensation of whom shall be fixed by the county board. [As 
amended by Act approved May 24, 1907. In force July 1, 1907. 
Laws 1907, p. 218. 


UNITING COUNTIES. 

70. Uniting counties—Petition—Notice of election. 

71. Designation, etc. 

72. Form of ballot. 

73. Effect of vote. 

74. Canvassing votes. 

75. Returns—Proclamation by Governor. 

76. Officers to hold until expiration of term. 

77. Process, etc. 

78. County judge’s—Disposition of causes. 

79. Sheriff of petitioning county. 

80. Coroner. 

81. County Treasurer. 

82. State’s Attorney. 

83. Superintendent of Schools. 

84. County Board. 

85 Justices of the Peace and Constables. 

86. Death of Officer of Petitioning County. 

87. Town officers where counties under Township Organization. 



734 


COUNTIES. 


[Div. X. 


88. Legislative and Judicial Apportionment to remain, etc. 

89. Transfer of causes. 

90. Debts, Taxes, issuing bonds. 

70. Uniting counties—Petition—Notice of election.] § 64. 

Whenever any number of legal voters, not less than two hundred, 
one-half of such number being freeholders, residing in any county 
in this State, shall petition the county board of their own county, 
for leave to have their own county united and annexed to any 
adjoining county, and shall also petition the county board of the 
adjoining county, to which they desire their county to be united 
and annexed, for leave to have their own county united and an¬ 
nexed to such adjoining county, it shall be the duty of the sev¬ 
eral county boards, so petitioned, to order that the propositions 
provided for in this Act shall be submitted to the legal voters 
of their respective counties, at the next regular election for 
county or State officers, after receiving such petition, and returns 
of the votes cast therein shall be made to the Secretary of State, 
as for county officers. The notices of said election shall contain 
the name of each of the two counties, and shall state that the 
proposition to be voted upon will be whether the county of 
(naming the county whose legal voters have petitioned for union 
and annexation) shall be united and annexed to the county of 
(naming the adjoining county to which the legal voters have pe¬ 
titioned to be united and annexed) : Provided, That such propo¬ 
sition shall not be submitted or voted upon oftener than once in 
five years. [Sections 64 to 84, inclusive, added by amendment 
approved May 31, 1879. In force July 1, 1879. Laws 1879, p. 89. 

71. Designation, etc.] §65. In this Act and all proceed¬ 
ings thereunder, the county whose legal voters shall petition the 
several county boards as aforesaid, shall be called the “petition¬ 
ing county,” and the county to which said legal voters shall peti¬ 
tion to be united and annexed shall be called the “adjoining 
county.” 

72. Form of ballot.] § 66. The ballots to be used at such 
election, shall be substantially in the following form, to-wit: 
For uniting and annexing the county of (naming the petitioning 
county) to the county of (naming the adjoining county). Against 
uniting and annexing the county of (naming the petitioning 
county) to the county of (naming the adjoining county). 

73. Effect cf vote.] § 67. If a majority of the votes polled 
in each of such counties at such election shall be in favor of said 
proposition, all that territory included within the established 
boundaries of the petitioning county, shall be united and annexed 
to the adjoining county, and such petitioning county shall cease 




Div. X.]: 


UNITING COUNTIES. 


735 


to have any separate existence as a county, but shall be merged 
into and form an integral part of such adjoining county, in fact 
and in name, at the time and in the manner hereinafter pro¬ 
vided. 

74. Canvassing votes.] § 68. The votes polled at such 
election shall be canvassed in the manner provided by law for 
canvassing votes polled for county officers, except that the county 
clerk of each of said counties, if requested, shall permit two of 
the legal voters, who petitioned as aforesaid, to be present when 
the canvass of said vote shall be had. 

75. Returns—Proclamation by governor.] §69. Within 
ten days after such election, the county clerk of each of such 
counties shall send a correct and duly certified abstract of the 
votes polled at such election to the Secretary of State; and if a 
majority of votes polled at such election in each of said counties 
is found to be in favor of uniting and annexing the petitioning 
county to the adjoining county, the Secretary of State shall forth¬ 
with so notify the Governor of the State, and the Governor shall 
thereupon, forthwith and without delay, issue his proclamation 
announcing and declaring the result of such election; and on and 
after the date of such proclamation the petitioning county shall 
cease to exist as a county, and all that territory embraced in the 
limits of such petitioning county shall be united and annexed 
to, and shall form an integral part of such adjoining county. 

76. Officers to hoM until expiration of term.] § 70. All 
the county officers of the petitioning county shall continue to 
hold their respective offices until their respective terms of office 
shall expire, and shall perform the duties of their respective 
offices arising in the territory which, before the Governor’s proc¬ 
lamation aforesaid, had constituted the petitioning county, and 
shall receive the fees and compensation thereof, in the manner 
hereinafter provided. They shall keep their offices at the county 
seat of the adjoining county, in the court house of said county, 
in such rooms as may be selected by the county board of the 
adjoining county; and within ten days after the date of the 
proclamation as aforesaid, by the Governor, they shall remove 
all the files and records, books, papers, and furniture of their 
respective offices to the court house of the adjoining county, 
which shall thereafter be held and taken to be the files, records 
books, papers and furniture of the adjoining county as it shall 
be constituted after ihe date of the proclamation aforesaid. 

77. Process, etc.] § 71. All process of every kind against 
any person or property within the territory, which had constituted 




736 


COUNTIES. 


[Div. X. 


the petitioning county before the proclamation aforesaid, during 
the continuance of the term of office of the clerk of the circuit 
court and the county clerk of the petitioning county, and after 
the union and annexation, aforesaid, may be issued by the clerk 
of circuit court or the county clerk of the petitioning county, and 
they shall respectively, collect and account to the county board of 
the adjoining county for the proper fees for issuing the same, 
but all such process shall be signed by the proper clerk and have 
the proper seal of the proper court of the adjoining county at¬ 
tached. The sheriff of the petitioning county may serve all such 
process, referred to in this section; and shall collect and account 
to the county board of the adjoining county for the proper fees 
for serving the same. The county clerk and the clerk of the 
circuit court of the petitioning county shall each receive the same 
compensation he was receiving by law at the date of the afore¬ 
said proclamation, which compensation shall be paid by the 
county board of the adjoining county out of taxes collected from 
property in the territory that had constituted the petitioning 
county before the aforesaid proclamation. 

78. County judges —Disposition of causes.] § 72. The 
county judge of the petitioning county, during the continuance 
of his term of office, and after the union and annexation as afore¬ 
said, shall receive the same annual compensation that he was re¬ 
ceiving at the date of the Governor’s proclamation aforesaid, 
which compensation shall be paid by order of the county board 
of the adjoining county out of taxes collected from property in the 
territory that had constituted the petitioning county before the 
aforesaid proclamation. All cases, civil and criminal, and all 
matters of probate that are on the docket of the county judge 
of the petitioning county at the date of the governor’s procla¬ 
mation aforesaid, shall be transferred by the county clerk of the 
adjoining county to the docket of the county judge of the ad¬ 
joining county; and all cases and matters of probate so trans¬ 
ferred may be tried before the county judge of the petitioning 
county under such arrangement as may be made by and between 
him and the county judge of the adjoining county. All criminal 
cases so transferred shall be tried by a jury drawn in the manner 
provided by law from the qualified jurors residing within the 
limits of the territory that had constituted the petitioning county 
before the proclamation aforesaid, unless the defendant in any 
such criminal case shall consent in open court to be tried by a 
jury of the adjoining county. The county judge of the petition¬ 
ing county shall forfeit all right to any compensation if he is not 
ready and willing to perform the duties he may perform under this 
Act. 



Div. X.J UNITING COUNTIES. ni 


79. Sheriff of petitioning county.] § 73. The sheriff of the 
petitioning county shall continue after the date of the governor’s 
proclamation aforesaid, to perform the duties of sheriff in the 
territory that had constituted the petitioning county before the 
aforesaid proclamation, until his term of office shall expire, at 
which time he shall deliver to the sheriff of the adjoining county, 
without demand therefor, all books, papers, and furniture per¬ 
taining to or connected with his office, and also all moneys and 
writs held by him as sheriff, and all property attached or levied 
on by him as sheriff. He shall have a right to collect all taxes 
collectable by him during his term of office from all property in 
the territory that had constituted the petitioning county before 
the aforesaid proclamation. He shall receive the same com¬ 
pensation he would have received as sheriff and ex officio col¬ 
lector of the petitioning county, as if the same had not been 
united and annexed to the adjoining county as aforesaid; but 
after the date of the governor’s proclamation aforesaid all his 
acts shall be performed in the name of the sheriff of the ad¬ 
joining county. After the date of the governor’s proclamation 
aforesaid, the sheriff of the petitioning county shall become the 
deputy of the sheriff of the adjoining county, and the sheriff 
of the petitioning county may perform all the duties of sheriff, 
to be performed during his term of office in the territory that 
had constituted the petitioning county before the proclamation 
aforesaid without control of the sheriff of the adjoining county, 
and shall be liable upon his bond as sheriff, and upon his bond 
as collector, for any breach of the conditions thereof, in the same 
manner and to the same extent as if the petitioning county had 
continued to exist as a county. The compensation payable to 
the sheriff of the petitioning county, shall be paid by order of 
the county board of the adjoining county, out of taxes upon prop¬ 
erty in the territory that had constituted the petitioning county 
before the governor’s proclamation aforesaid, and he shall ac¬ 
count to the county board of the adjoining county for all fees 
collected by him: Provided, that the sheriff of the petitioning 
county shall forfeit all right to any compensation, if he is not 
ready and willing to perform the duties he may perform under 
this Act. 

80. Coroner.] § 74. The coroner of the petitioning county 
shall perform all the duties required of him by law within the 
territory that had constituted the petitioning county before the proc¬ 
lamation aforesaid, until his term of office shall expire, and shall 
receive the compensation to which he may be entitled by law, and 
whatever fees or compensation may be payable by law out of the 
county treasury, shall be certified apd paid by the county board of 



738 


COUNTIES. 


[Div. X. 


the adjoining county to such coroner, out of taxes collected from 
property in the territory that had constituted the petitioning county. 

81. County treasurer.] § 75. The county treasurer of the 
petitioning county shall perform all the duties required of him 
by law, in the'territory that had constituted the petitioning 
county, during his term of office. He shall assess the taxable 
property in the territory aforesaid, and shall return his assess¬ 
ment books to the county clerk of the adjoining county, and make 
all his reports to the county board of the adjoining county; but 
he shall be liable upon his bond for any breach or breaches of the 
conditions thereof, in the same manner and to the same extent 
as if the petitioning county had not been united and annexed to 
the adjoining county. The compensation to which he may be 
entitled by law, shall be paid by the county board of the ad¬ 
joining county out of taxes collected from property in the terri¬ 
tory that had constituted the petitioning county, before the proc¬ 
lamation aforesaid. So much of this section as refers to assess¬ 
ing by the treasurer, shall only be applicable where the petition¬ 
ing county was not under township organization at the date of 
the election aforesaid. 

82. State’s attorney.] § 76. The state’s attorney for the 
petitioning county shall, during his term of office, receive the 
same compensation he was receiving at the date of the procla¬ 
mation of the governor, as aforesaid. He shall commence and 
prosecute all actions, suits, indictments and informations of all 
kinds, arising in the territory which had constituted the petition¬ 
ing county before said proclamation, in which the people of the 
State may be interested, and he shall be assistant county at¬ 
torney for the adjoining county during his said term of office. 

83. Superintendent of schools.] § 77. The county super¬ 
intendent of schools of the petitioning county shall continue to 
act as such in the territory that constituted the petitioning county 
before said proclamation, until his term of office shall expire; at 
which time he shall deliver to the county superintendent of 
schools of the adjoining county, without any demand therefor, 
all moneys, books, papers and personal property, belonging to the 
office of the county superintendent of the petitioning county, 
whenever the term of office of the county superintendent of the 
petitioning county shall have expired, by death, resignation, or 
lapse of time, all notes and mortgages, and other contracts, pay¬ 
able to, or made in the name of the county superintendent of the 
petitioning county may be collected, and in any manner enforced, 
by suit, or otherwise, by and in the name of the county superin¬ 
tendent of the adjoining county. The county superintendent of 



Div. X.] 


UNITING COUNTIES. 


739 


the petitioning county shall be subject to the direction and con¬ 
trol of the county board of the adjoining county, in the same 
manner and to the same extent th at he would have been sub¬ 
ject to the county board of the petitioning county, if the same 
had continued to have a separate existence as a county. 

84. County board.] § 78. The members of the county 
board of the petitioning county and the county board of the 
adjoining county, after the date of the governor’s proclamation 
aforesaid, shall sit together at all regular and called meetings, as 
the county board of the adjoining county as it will be consti¬ 
tuted after the proclamation aforesaid. Whenever the term 
of office of any one of the members of the county board of the 
petitioning county shall expire, by his death or resignation, or refusal 
to act, or by lapse of time, the expiration of said term, and the man¬ 
ner thereof shall be entered upon the records of the said county board 
of the adjoining county, and no successor to him shall be elected, 
and whenever the term of office of any member of the county 
board of the adjoining county, elected before the date of the gov¬ 
ernor’s proclamation aforesaid, shall expire in any of the modes 
hereinbefore mentioned after the date of said proclamation, a 
successor to him shall be elected in the adjoining county at large 
as it shall be constituted after the date of the proclamation afore-, 
said, including the territory that had constituted the petitioning 
county before said proclamation. 

85. Justices of the peace and constables.] § 79. All jus¬ 
tices of the peace and constables, duly elected, qualified, and act¬ 
ing within the territory which had constituted the petitioning 
county before the date of said proclamation of the governor, 
shall become, on and after the date of said proclamation, 
justices of the peace and constables of the adjoining county; and 
all their official acts shall be performed by them as justices of 
the peace and constables of the adjoining county, and they shall 
be liable in all respects for non-performances of any duties re¬ 
quired by law of them or any of them, as justices of the peace, or 
constables of the adjoining county. After the date of the gover¬ 
nor’s proclamation aforesaid, they shall make all applications, re¬ 
turns, and reports, which might have been by law made to the 
county clerk of the petitioning county before the date of the 
proclamation aforesaid, to the county clerk of the adjoining 
county. 

86. Death of officer of petitioning county.] § 80. If any 

county officer of the petitioning county shall die before his term 
of office shall have expired, after the proclamation aforesaid, no 
successor to him shall be elected to fill his unexpired term. 




740 


COUNTIES. 


[Div. X. 


87. Town officers where counties under township organiza¬ 
tion, etc.] §81. If both the petitioning and adjoining counties 
are under township organization, the town officers shall not be 
in any manner affected by the union and annexation aforesaid. If 
the petitioning county is under township organization, and the 
adjoining county is not under township organization, the town 
officers shall continue to act as such until their respective terms 
of office shall expire; and the members of the county board of 
the petitioning county shall all sit with, and as a part of the 
county board of the adjoining county, as hereinbefore provided; 
and after the term of office of said town officers and said county 
board of the petitioning county shall expire, the said township or¬ 
ganization shall cease to exist. If the adjoining county is under 
township organization, and the petitioning county is not under 
township organization, immediately after the proclamation of 
the governor aforesaid, the territory that had constituted the 
petitioning county shall be divided into towns, in the manner 
provided in an act entitled, “An Act to revise the law in relation 
to township organization,” approved March 4, 1874. 

88. Legislative and judicial apportionment to remain, etc.] 
§ 82. The territory which constituted the petitioning county shall 
continue and remain until the next apportionment of the State 
for congressional, legislative or judicial purposes part of the same 
congressional district, of the same senatorial district, of the same 
judicial grand division, of the same judicial appellate district and 
of the same judicial circuit that it constituted part of at the date 
of the proclamation aforesaid; and at any election, where the 
territory that had constituted the respective counties before said 
proclamation is in different districts, the county clerk of the adjoin¬ 
ing county shall keep separate the votes polled in the territory 
constituting the respective counties before said proclamation, until 
the next apportionment aforesaid, and shall report and return the 
same separately to the Secretary of State. 

89. Transfer of causes.] § 83. All cases of every kind that 
are on the docket of the circuit court of the petitioning county 
at the date of the governor’s. proclamation aforesaid, "shall be 
transferred by the clerk of the circuit court of the adjoining county 
to the docket of the circuit court of that county; and all criminal 
cases so transferred shall be tried by a jury drawn in the man¬ 
ner provided by law from the qualified jurors residing 
within the limits of the territory that had constituted the peti¬ 
tioning county before the proclamation aforesaid, unless the 
defendant in any such criminal case shall consent in open court 
to be tried by a jury of the adjoining county. 



Div. X.] 


CHANGE OF ORGANIZATION. 


741 


90. Debts, taxes, issuing bonds.] §84. The adjoining 
county shall not become liable for the debts of the petitioning 
county. The county board of the adjoining county shall have 
all the powers which the county board of the petitioning county 
had at the date of the said proclamation of the governor, to levy 
taxes upon all the property in the territory which had before the 
aforesaid proclamation constituted the petitioning county, to pay 
the debts of the petitioning county. The county board of the 
adjoining county shall have full power to compromise the debts 
of the petitioning county; and shall have full power to issue 
bonds in settlement or compromise of the debts of the petitioning 
county, which debts may be funded by the adjoining county in 
bonds issued by that county, setting forth upon their face that 
the principal and interest of said bonds shall be paid from taxes 
levied upon the property within the territory which had consti¬ 
tuted the petitioning county. And the county board of the ad¬ 
joining county may submit to the legal voters of the adjoining 
county, as it will be constituted after the said proclamation of 
the governor, a proposition to consolidate the debts of the pe¬ 
titioning and adjoining counties; and if a majority of legal voters 
of said adjoining county, and a majority of the legal voters re¬ 
siding in the territory that had constituted the petitioning county, 
at any general election shall be in favor of the consolidation of 
said debts, the same shall be consolidated, and bonds may be is¬ 
sued therefor in the name of the adjoining county. All suits that 
might have been brought against the petitioning county, may be 
brought after the proclamation aforesaid against the adjoining 
county; and any judgment that may be rendered in said suits 
may be paid by taxation upon the property in the territory that 
had constituted the petitioning county. In any funding of the 
consolidated debts of the said petitioning or adjoining county, the 
bonds issued shall not bear a greater rate of interest than five 
per cent. 

CHANGE OF ORGANIZATION. 

AN ACT to authorize counties changing from township organization to 
county organization to assess a poll tax, road labor and road tax at any 
meeting of the county commisisoners during the first year after such 
change. [Approved and in force May 28, 1879. Laws 1879, p. 316.] 

91-92. Repealed. See “Roads and Bridges” § 169 ante; 
Laws 1913, p. 580. 



742 


COUNTIES. 


[Div. X. 


BOUNTY DEBT. 

AN ACT to enable any county which has heretofore, in pursuance of law, 
contracted an indebtedness by issuing and delivering bounty orders to 
persons who enlisted and were mustered into the military service of 
the United States, which remains unpaid, to fund the same, by issuing 
to the lawful holders thereof bonds, payable in such time, not exceeding 
twenty years, as may be deemed expedient, and bearing a rate of inter¬ 
est not less than six nor more than ten per centum per annum. [Ap¬ 
proved April 24, 1873. In force July 1, 1873. Laws 1873, p. 73.] 

93. Counties may fund. 

94. Bond to refund tax paid. 

95. Tax to pay principal and interest. 

96. Bonds receivable for taxes. 

97. Bonds to show authority. 

93. Counties may fund.] § 1. Be it enacted by the People 
of the State of Illinois , represented in the General Assembly: 
That any county which has heretofore, in pursuance of law, con¬ 
tracted an indebtedness, by issuing and delivering bounty orders 
to persons who enlisted and were mustered into the military serv¬ 
ice of the United States, which remains unpaid, may, by its cor¬ 
porate authority, fund the same, by issuing to the lawful holders 
of such indebtedness, whether now in the form of judgments or 
bounty orders, the bonds of such county for and in lieu thereof, 
payable in such time not exceeding twenty years, as may be 
deemed expedient by the corporate authority of such county, and 
bearing a rate of interest not less than six nor more than ten per 
centum per annum, payable annually on coupons attached to such 
bonds. 

94. Bond to refund tax paid.] § 2. When a tax has been 
heretofore levied by any such county for the purpose of paying 
any such indebtedness, and the same has been only collected in 
part, and the collection of the residue has been rendered impos¬ 
sible by lapse of time, negligence of officers, writ or writs of in¬ 
junction, or from any other cause, such county shall, by its cor¬ 
porate authority, issue its bonds to the respective taxpayers, who 
have made payment on such levy for the amounts respectively 
paid; which bonds shall be payable and draw interest as pro¬ 
vided in Section one of this Act. 



Div. X.] 


REMOVAL OF COUNTY SEATS. 


743 


95. Tax to pay principal and interest.] § 3. The corporate 
authority of any such county shall annually levy and cause to 
be collected from the taxable property of such county a sum 
sufficient to pay the interest accruing on such bonds, and such 
sum in addition thereto as such corporate authority may deem 
expedient for the payment of the principal of such bonds. 

96. Bonds receivable for taxes.] § 4. Said bonds and cou¬ 
pons shall be receivable at their par value in discharge of 
all taxes that may hereafter be levied by the corporate authority 
of any such county for their payment. 

97. Bonds to show authority.] § 5. All bonds so issued by 
the corporate authority of any such county, shall show on their 
face that they are issued under the authority of this Act. 

REMOVAL OF OBSTRUCTIONS FROM WATER COURSES. 

AN ACT authorizing county boards to remove driftwood and other obstruc¬ 
tions from water courses. [Approved May 11, 1877. In force July 1, 
1877. Laws 1877, p. 68.] 

98. Removal of obstructions from water courses. 

98. Removal of obstructions from water courses.] § 1. Be 

it enacted by the People of the State of Illinois, represented in the 
General Assembly: That the county boards of the several counties 
in this State shall have power to cause the removal of, in such 
manner as they may direct, the driftwood and other obstructions 
from the natural water courses in their respective counties. 

REMOVAL OF COUNTY SEATS. 

AN ACT to provide for the removal of county seats. [Approved March 15, 
1872. In force July 1, 1872. Laws 1871-2, p. 309.] 

[See Constitution, Art. 10, § 4, p. 69.] 

99. Time of holding elections—Judges. . 

100. Notice—Petition—Affidavit—Traverse of same—Hearing by County 

Court. 

101. Petitioner to designate residence—Must be voter. 

102. Petition open to inspection. 

103. Contesting petition. . _ . .. 

104. Notice of filing petition—Hearing by court—Ordinary election— 

Subpoenas. 

105. Precedence—Decision final—When circuit judge to attend. 

106. Appointment of challengers—Their duties—Their votes. 

107. Voting. 

108 No registration required—Poll books Canvass—-Return. 

109! Qualification of voters—Swearing in vote—Penalties. 

110. Evidence of voters of county Contesting election. 

111! Canvass of returns. 

112. Effect of vote. 

113. Neglect of duty—Penalty. 

99. Time of holding elections—Judges.] § 1. Be it enacted 



744 


COUNTIES. 


[Div. X. 


by the people of the State of Illinois f represented in the General 
Assembly: That all elections for the removal of county seats 
shall be held on the second Tuesday after the first Monday of 
November at the usual places of holding elections; and the same 
persons who were judges and clerks at the next preceding gen¬ 
eral election, in their respective election precincts, shall act as 
judges and clerks of such county seat elections; and all vacancies 
in the respective boards of election shall be filled in the same 
manner as at general elections. 

100. Notice—Petition—Affidavit—Traverse of same—Hear¬ 
ing by county court.] § 2. Public notice shall be given of the 
intention to circulate a petition praying for an election for the 
removal of the county seat of any county from its then present 
location to some other point within said county, and in said pe¬ 
tition designated, at least ten days before the same is circulated, 
by publication in some newspaper printed in said county, and by 
posting three printed notices in three public places at the county 
seat, one of which shall be placed on the court house door, and a 
like number at the place to which the county seat is proposed to 
be removed, in which notices the intent of such petition shall be 
set forth; and all signers to such petition procured before such 
notice is given or procured, six months before the first day of the 
term of court at which the application is to be made, shall be void, 
and stricken from such petition; and whenever such petition or 
petitions, addressed to the county court of such county, and stat¬ 
ing the time when such election shall be held, shall be signed by 
a number of legal voters of said county, at general elections, who 
are not residents of the city or township (if the county seat is 
not in a city) in which the county seat is located, equal in number 
to two-fifths of all the votes cast in said county at the last pre¬ 
ceding presidential election therein, and shall be filed in 
the office of the clerk of the county court of said county, not less 
than forty nor more than eighty days before the first day of the 
next September term of the county court in such county, such pe¬ 
tition shall be deemed a proposal to remove the county seat of 
such county, and the point designated in said petition shall be 
deemed and taken as fixed by said petition, in pursuance of law, 
whenever the court shall order an election to such point as herein¬ 
after provided, as the point to which it is proposed to remove 
the county, seat of such county. There shall also be filed in the 
office of said clerk, with said petitions, an affidavit of three legal 
voters of said county, stating whether or not the point named in 
the said petition or petitions, to which it is proposed to remove 
the county seat of such county, is nearer to or further from the 



Div. X.] 


REMOVAL OF COUNTY SEATS. 


745 


center of such county than the county seat; which affidavit may 
be traversed by the affidavit of any other three legal voters of 
said county, within ten days from the filing thereof; and if so 
traversed the county court shall, at the next September term of 
said court, after hearing evidence in the case, decide whether or 
not the point to which it is proposed to remove the county seat 
is nearer to or further from the center of said county than the 
county seat. 

101. Petitioner to designate residence—Must be Voter.] § 3. 

Each petitioner signing such petition shall write or cause to be 
written, opposite to his name on said petition, the name of the 
city and ward in which he then resides, if he resides in a city, 
or if he does not reside in a city, then the name of the precinct 
or township in which he resides at the time of signing such pe¬ 
tition ; and no person shall sign such petition unless he shall be, 
at the time, a legal voter in said county at general elections. 

102. Petition open to inspection.] § 4. Said petition or pe¬ 
titions shall, after the same are filed in the office of the clerk 
of the county court, be open to the inspection of any and all 
citizens of the county, but shall not be removed therefrom. 

103. Contesting petition.] § 5. Any citizen and legal voter 
at general elections in said county may contest the right of any 
person, whose name is subscribed to said petition, to sign such 
petition under this Act, and shall also have the right to contest 
said petition as to any names subscribed thereto that he shall 
have good reason to believe, and does believe, are fictitious, and 
no other: Provided, he shall, ten days before the first day of the 
next September term of the county court, file in the office of the 
clerk of the county court of such county a list of the names of 
such persons whose right to sign such petition he is desirous of con¬ 
testing, together with his affidavit, indorsed thereon, that he has good 
reason to believe, and does verily believe, that such persons named in 
said list are not legal voters of such county, and had no right in law 
to sign said petition; and shall also file in the office of said county 
clerk, ten days before said September term of the county court, a list 
of such names as he has reason to believe are fictitious, together 
with his affidavit, indorsed thereon, that he had good reason to 
believe, and does verily believe, that such names are fictitious; 
and such persons shall have the right to contest such petitions 
only as to the names included in said lists. 

104. Notice of filing petition—Hearing by court—Ordinary 
election—Subpoenas.] § 6. Whenever such petition or petitions 
and affidavit named in Section 2 of this Act shall be filed in the 
office of the clerk of the county court of such county, it shall be the 



746 


COUNTIES. 


[Div. X. 


duty of the clerk, within ten days from the date of the filing of 
said petition or petitions and affidavit in his said office, to cause 
to be published in one or more newspapers published in such 
county, and if no newspapers shall be published in said county, 
then in the newspaper published nearest to the county seat of 
said county, a notice that such petition or petitions and affidavit 
have been filed in his said office, stating the time when they were 
so filed, and setting forth therein the substance of such petition 
or petitions and affidavit, and giving notice that on the first day 
of the next September term of said court; said court will hear 
testimony for and against said petitions, as to the list or lists of 
names on such petition, as may be filed in his office under and in 
compliance with Section 5 of this Act, and for or against such 
affidavit if the same has been traversed as provided in Section 2 
of this Act. It shall be the duty of said court ,on the first day 
of and during the said September term, to hear all evidence for 
and against said petition or petitions, as to the list or lists of names, 
filed in said court under Section 5 of this Act, and to strike from 
such petition or petitions all such names proven by competent evi¬ 
dence to be fictitious, or the names of persons having no legal right 
to sign the same under this Act; and in case there shall be but one 
petition and no contest as to the same or if there shall be a con¬ 
test as to the same, and said petition shall, after striking there¬ 
from all fictitious and illegal names, still contain the number of 
names of legal voters required by the second section of this Act, 
the court shall order said election, according to the prayer of said 
petition. But in case there shall be two petitions filed in said 
court, praying for a vote to remove the county seat of such county 
to different points in said county, each, after striking therefrom 
all illegal and fictitious names still being signed by two-fifths of 
the legal voters of the county, as required by Section 2 of this Act, 
then if a petition praying for a vote to remove the county seat 
nearer to the geographical center of the county than the point named 
in the other petition shall be signed by a number of names equal 
to or greater than one-half of the sum of the names signed to the 
two petitions, the said court shall order the election for the re¬ 
moval of the county seat to that point nearest to the geographi¬ 
cal center of the county, according to the prayer of said peti¬ 
tion ; but if the other of said two petitions shall be signed by 
a number of legal voters of said county equal to three-fifths of 
the sum of the names signed to the two petitions, then the court 
shall order the election for the removal of the county seat of such 
county to said last mentioned point, and not otherwise. In case 
of a contest as to said petition or petitions, as provided for in 
this Act, it shall be the duty of the clerk of said court, on re- 



Div. X.] 


REMOVAL OF COUNTY SEATS. 


747 


P e . rson contesting any petition under the provisions 
of this Act, to issue subpoenas for such witnesses as said person 
shall name; and it shall be the duty of said clerk, on request of 
any legal, voter of the county, for the purpose of sustaining any 
petition, in like manner to issue subpoenas for such witnesses as 
he shall name—said subpoenas to be made returnable to the term 
of court at which such contest will be made. 

105. Precedence—Decision final—When circuit judge to 
attend.] § 7 . All cases of contest arising upon said petitions or 
affidavit shall have precedence over all other cases at the Sep¬ 
tember term of said court, and shall be heard and determined at 
said term, and the decision of the county court shall be final. 
And in case of the sickness or other inability of said county judge 
to preside, or in case, of a vacancy in said office, then it shall be 
the duty of the circuit judge of the circuit in which said county 
is located, to attend, hear and determine said contest. 

106. Appointment of challengers—Their duties — Their 
votes.] § 8. Whenever the court shall order any county seat 
election under the provisions of this Act, the court shall appoint 
three resident legal voters of the point to which it is proposed to 
remove the county seat , for each and every voting place in the 
city, precinct or township in which the county seat is situated, 
also to appoint three resident legal voters of the county seat 
for each and every voting place in the city, precinct or town¬ 
ship to which it is proposed to remove the county seat, to sit 
with the regular judges to act as challengers of election at 
the voting places to which they are respectively assigned, and 
it shall be their duty to act as such challengers and to chal¬ 
lenge any and all persons whom they have good reason to 
believe are not legal voters at such county seat election, and 
they shall sit with such judges of election until the close 
of said election, and during the canvass of the votes at said 
election. The said challengers, who are thus appointed to act with 
the regular judges of election, may, if they desire so to 
do, make an affidavit before any person authorized to administer 
oaths, setting forth in such affidavit that they have been ap¬ 
pointed, as above provided, out of the city, precinct, township or 
ward where they would otherwise be voters, and that they 
desire to vote at such county seat election; which affidavit, together 
with the ballot, shall be sealed up in an envelope and left with 
one of the judges of election for the precinct, and on the day of 
election shall be by him presented to the board of election and 
opened in their presence. The affidavit shall be filed, kept and 
returned with the ballots for that precinct as other affidavits 
are, and the ballot shall be numbered and deposited in the ballot 





748 


COUNTIES. 


[Div. X. 


box, and the name entered on the poll books the same as other votes 
are. 

107. Voting.] § 9. The voting at any county seat elec¬ 
tions shall be by ballot, and each ballot shall have printed or 
written thereon the words “For removal/’ or “Against removal.” 
The polls shall be opened at 8 o’clock A. M., and remain open 
until 6 o’clock P. M., at which time the polls may be closed, un¬ 
less a majority of the board shall determine to keep open later. 
But the polls shall not, in any event, be kept open later than 8 
o’clock P. M. of the day of said election. 

108. No registration required—Poll books—Canvass—Re¬ 
turn.] § 10. No registration of voters shall be made or required 
for holding any county seat election under this Act. The board 
of election shall, in each township, precinct, or ward, keep two 
lists or poll books of the names of the persons whose votes are 
received; each name shall be numbered, and a corresponding 
number marked on each ballot before it is placed in the ballot 
box, which said poll books shall each, be certified as correct by 
the judges and clerks of election. At the close of the polls in 
each precinct, township or ward, the board of election shall can¬ 
vass the votes cast at such poll or voting district, and shall make 
two tally lists, one of which, together with one of the aforesaid 
poll books, and the ballots cast in such precinct, township or 
ward, properly strung, and the affidavits made at such election, 
and certificate of the result of said election made and certified by 
such board, shall be sealed up together and delivered by one of 
the board of election, to be selected by the said board at that 
time, to the county clerk, within four days thereafter. The other 
poll book and tally list shall be retained by one of the judges of 
election for that township, precinct or ward. 

109. Qualification of voters—Swearing in vote—Penalties.] 
§11. No person shall vote at said election who does not possess 
the qualifications mentioned in the affidavit in this section. Any 
person offering to vote at any county seat election, whose right 
to vote shall be challenged by any challenger, member of the 
board of election, or by any voter of the county, shall answer 
under oath such questions as may be propounded to him touching 
his qualifications as a voter, and shall take and subscribe the fol¬ 
lowing oath: 

State of Illinois, ) co 
- County, ) s * 

I do solemnly swear that I am a citizen of the United States, and of this 
State [or I was an elector in this State on the first of April, 1848, or ob¬ 
tained a certificate of naturalization before a court of record in this State 





Div. X.] 


'REMOVAL OF COUNTY SEATS. 


749 


prior to the first of January, 1870, and] ; that I am above the age of 21 
years; that I have resided in this State for one year immediately preceding 
this election; that I am a bona fide resident of this county, and have per¬ 
manently resided herein for the last six months immediately preceding this 
election; that I am a legal voter of [here insert the name of the election 
precinct], and have permanently resided therein for the last ninety days 
immediately preceding this election and that I have not voted at this election. 
precinct.] 

(Signed) A. B. 

He shall also procure two witnesses, who are at that time 
legal voters of the township or precinct, who shall take and sub¬ 
scribe the following oath, namely: 

State of Illinois, ) „ 

-- County, ) s * 

We, the undersigned, do solemnly swear that we are voters, and legally 
entitled to vote at this election; that we have known A. B., the person now 
offering to vote at this election for six months; that he has been a perma¬ 
nent resident of this county for six months last past, and for the ninety days 
immediately preceding this election has permanently resided in (township or 
precinct.] C. D. 

E. F. 

Which oaths shall be subscribed and sworn before any 
officer authorized to administer oaths. The board of election 
shall receive and count the vote of any challenged person who 
shall present to them, with his vote, the oaths aforesaid. The 
said oaths shall all be carefully preserved by the board of elec¬ 
tion, and returned and kept with the poll book, tally list and 
ballots, as provided by this Act. Any person swearing falsely 
concerning his right to vote, or concerning the right of another 
to vote at any such election, or any person who shall cast a 
fraudulent vote at any such election or who shall vote at such 
election, not having a right to vote at such election, or 
who shall cast a vote at such election in any other name than 
his own ,or who shall vote more than once at such election, 
shall be deemed guilty of a high misdemeanor, shall be liable to be 
indicted therefor ,and shall, on conviction, be punished by con¬ 
finement in the penitentiary to hard labor for a term of not less 
than one year, nor more than five years. 

110. Evidence of voters of county—Contesting election.] 
§ 12. The number of legal votes cast at any county seat elec¬ 
tion held under this Act shall be deemed and taken for the pur¬ 
poses of such an election as prima facie evidence of the number 
of legal voters of that county at that time entitled to vote on the 
question; but in case it shall become necessary, in consequence of 
a contest of an election held under this Act, to ascertain the 
number of voters of the county entitled to vote upon the ques¬ 
tion, the court in which the contest may be pending may as- 




750 


COUNTIES. 


[Div. X. 


certain the number of such voters by taking, or causing to be 
taken, legal evidence, tending to show the actual number of the 
legal voters of the county entitled to vote upon such question at 
the time of such election. Courts of equity shall have jurisdic¬ 
tion of all cases of contested election arising under this Act, and 
may investigate and determine all questions of fraud and fraudu¬ 
lent voting connected therewith, and purge the poll books and re¬ 
turns of all illegal or fraudulent votes; and may investigate and 
ascertain the total number of legal voters of the county at the 
time of such election entitled to vote on the question, whether they 
voted or not, and ascertain and determine whether or not such 
election was fairly carried by three-fifths or a majority of all 
the legal voters of the county, as required by the constitution, and 
make such decree as the circumstances of the case may require. 
Any of the legal voters and taxpayers of the county who may de¬ 
sire so to do, as well as the town, city or village to or from 
which it is proposed to remove such county seat, may be made, 
or on their petition may become parties to such suits, either as 
complainant or defendant. 

111. Canvass of returns.] § 13. On or before the first 
Tuesday after said election the clerk of the county court shall 
summon to his aid two justices of the peace, one of whom shall 
be a resident of the place to which it is proposed to remove the 
county seat, and the other a resident of the county seat, if such 
there be, and if there be no justices of the peace resident in those 
places, then any two justices of the peace of said county, who 
shall, together with said clerk, open and canvass the votes and 
returns of said election, made and filed in his office, in the same 
manner as now provided by law in the case of elections for coun¬ 
ty officers; the result of which canvass shall, by the clerk of the 
county court, be spread on the records of the county court in 
counties not under township organization, and on the records of 
the board or supervisors in counties under township organization, 
and also by him be duly certified to the Secretary of State. 

112. Effect of vote.] § 14. When the attempt is made by 
such an election to remove a county seat to a point nearer to the 
center of such county than the county seat then is, and a ma¬ 
jority of the legal voters of said county entitled to vote on the 
question of removal shall be “for removal,” the county seat is 
thereby removed to the point named in the petition. When the 
attempt is made by such an election to remove a county seat to 
a point not nearer to the center than the county seat then is, and 
three-fifths of the legal voters of such county entitled to vote on 
the question shall be “for removal/’ then said county seat of 



Div. X.] 


SITES FOR COUNTY BUILDINGS. 


751 


said county is thereby removed to the point named in the pe¬ 
tition. 

113. Neglect of duty—Penalty.] § IS. Any member of the 
board of election, county judge, associate justice, county clerk, 
sheriff, or any other officers or persons who may be charged with 
the performance of any duty under this Act, and who shall wil¬ 
fully fail therein, or shall perform such duty otherwise than is 
in this Act prescribed, shall be deemed guilty of a misdemeanor, 
shall be liable to be indicted therefor, and on conviction shall be 
fined not less than $500, nor more than $5,000, or imprisoned in 
the county jail not less than six months nor more than one year, 
or both. 


COUNTY COURT DEFINED. 

AN ACT to define the terms “county court” and “court” as used in 
an Act entitled “An Act to provide for the removal of county seats,” 
approved March 15, A. D. 1872, and in force July 1, 1872. [Approved 
May 3, 1873. In force July 1 , 1873.] 

114. County court defined. 

114. County court defined.] § 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly: 
That the words “county court” or “court,” as they appear in an 
Act entitled, “An Act to provide for the removal of county seats,” 
approved March 15, A. D., 1872, except in Sections 12 and 13 
thereof, shall be deemed, taken and held to mean the county 
court for the transaction of probate and other judicial business; 
and the words “county court,” as used in Section 13 of said Act, 
shall be held to mean the county court for the transaction of 
county business. 

SITES FOR COUNTY BUILDINGS. 

AN ACT entitled “An Act concerning sites for county buildings.” [Ap¬ 
proved and in force March 2, 1875. Laws 1875, p. 66.] 

115. Purchase of site for court house. 

116. When land owned by Board of Education. 

117. Condemnation—Damages—To whom paid. 

118. Emergency. 

115. Purchase of site for court house.] § 1. Be it enacted by 
the people of the State of Illinois, represented in the General As¬ 
sembly: In all cases where property, sought by the county board 
of any county in this State to be appropriated for ground where¬ 
on to erect a court house or other county building or buildings, 
or to be used in connection therewith, shall consist of land which 
has been conveyed by the county to any city, and is owned or 
held by any city for the use of the inhabitants thereof for a 
public square, such city may, for such consideration as may be 
agreed upon between such city and county board, convey such 





752 


COUNTIES. 


[Div. X. 


land to such county in fee, and thereby the entire interest of such 
city and the inhabitants thereof, in the premises so conveyed, 
shall be divested out of such city and the inhabitants thereof, 
and shall become the absolute property of such county, and the 
consideration therefor shall be paid by such county board to such 
city, to be used and applied by the city to the purchase or im¬ 
provement, or both, of a public square or squares, or like public 
grounds for the use of the inhabitants of such city. 

116. When land owned by board of education.] § 2. That 
in all cases where land, being a part of land granted by the 
United States to any county, for the establishment of a seat of 
justice, is sought by the county board to be appropriated for 
any such county purposes as mentioned in the preceding section, 
and is owned by any board of education for public school purposes, 
such board of education may, for such consideration as may be 
agreed upon between such board of education and county board, 
convey such land to such county, and the consideration shall be paid 
by the county board to the board of education, and shall become a 
part of the public school funds thereof. 

117. Condemnation—Damages to whom paid.] §3. In all 

cases where any land held or owned by any city for the use of 
the inhabitants thereof, for a public square, shall be condemned, 
under the laws of this State relating to eminent domain, to be 
used for ground whereon to erect any court house or other 
county building or buildings, or to be used in connection there¬ 
with, the damages assessed therefor shall be paid to such city, to 
be used and applied for the purchase or improvement, or both, 
of a public square, or squares, or like public grounds in such 
city for the use of the inhabitants thereof; and if land so con¬ 
demned shall be the property of any board of education for public 
school purposes, the damages assessed therefor shall be paid to 
such board of education and become a part of the public school 
fund thereof: Provided, however, that none of the provisions of 
this Act shall apply to counties or cities having more than one 
hundred thousand inhabitants, or to counties of less than fifty 
thousand inhabitants: And, provided, further, that nothing in this 
Act, contained shall in any wise operate to affect or repeal an Act 
entitled, An Act to create and organize the counties therein 
named, approved January 15, 1831; or authorize a change of 
site or location of the public buildings as fixed or located by or 
under the last named Act. 

118 . Emergency.] §4. Whereas the court house of Adams 
county has been recently destroyed by fire, and it is necessary 
that the county board of said county shall proceed without de- 



Div. X.j 


BOARDS of health in counties. 


753 


lay to procure a proper site for the erection of a new court house; 
and whereas the provisions of this Act are necessary to enable 
said county board to act to the best advantage in selecting and 
procuring a site for said new court house, whereby an emergency 
exists that this Act shall take effect without delay; therefore this 
Act shall take effect and be in force from and after its passage. 

BOARDS OF HEALTH IN COUNTIES. 

AN ACT to create and establish boards of health in counties not under town¬ 
ship organization, and in townships in counties under township organiza¬ 
tions outside of the corporate limits of incorporated cities and villages, 

to prescribe their duties and powers and provide for enforcing the same. 

[Approved May 10, 1901. In force July 1, 1901. Laws 1901, p. 91.] 

119. How created—Powers and duties. 

120. Powers of. 

121. Refusal to obey rule of—Penalty. 

122. Record to be kept. 

123. Compensation of members of board. 

124. Repeal. 

119. How created—Powers and duties.] §1. The board of 
county commissioners in counties not under township organization, 
and the supervisor, assessor and town clerk of every town in counties 
under township organization, shall constitute a board of health, and 
on the breaking out of any dangerously communicable diseases in 
their county or town, or in the immediate vicinity thereof, it shall 
be their duty to make and enforce such rules and regulations tend¬ 
ing to cheek the spread of the disease within the limits of such 
county or town as may be necessary; and for this purpose they 
shall have power to quarantine any house or houses or place where 
any infected person may be, and cause notices of warning to be put 
thereon, and to require the disinfection of the house or place: Pro¬ 
vided, that nothing in this Act shall apply to any territory lying 
within the corporate limits of any incorporated city or village; 
Provided, further, that in case the board of health in any county 
not under township organization, or of any township in counties 
under township organization shall fail, refuse or neglect to promptly 
take the necessary measures to preserve the public health, or in 
case any such board of health shall refuse or neglect to carry out 
the rules and regulations of the State Board of Health, that there¬ 
upon the State Board of Health may discharge such duties and 
collect from the county or township, as the case may be, the rea¬ 
sonable costs, charges and expenses incurred thereby. [As amended 
by Act approved May 16, 1903. In force July 1, 1903. Laws 1903, 
p. 136. 

120. Powers of.] §2. The said Boards of Health shall 
have the following powers; 




754 


COUNTIES. 


[Div. X. 


First—To do all Acts, make all regulations which may be 
necessary or expedient for the promotion of health or the sup¬ 
pression of disease. 

Second—To appoint physicians as health officers and pre¬ 
scribe their duties. 

Third—To incur the expenses necessary for the performance 
of the duties and powers enjoined upon the board. 

Fourth—To provide gratuitous vaccination and disinfection. 

Fifth—To require reports of dangerously communicable dis¬ 
eases. [As amended by Act approved May 16, 1903. In force 
July 1, 1903. Laws 1903, p. 136. 

121. Refusal to obey rule of—Penalty.] §3. Any person 
who shall violate or refuse to obey, any rule or regulation of the 
said board of health, shall be liable to a fine not exceeding $200 
for each offense, or imprisonment in the county jail not to ex¬ 
ceed six months, or both, in the discretion of the court. 

All fines collected under the provisions of this Act shall be 
paid into the county treasury of the county in which the suit is 
brought, to be used for county purposes, and it shall be the duty 
of the state’s attorney in the respective counties to prosecute all 
persons violating, or refusing to obey, the rules of said local 
boards of health. 

122. Record to be kept.] § 4. The clerk of the board of 
county commissioners, or the town clerk, as the case may be, 
shall keep a full record of all the doings of said board and re¬ 
port the same to the annual meeting of such board of county com¬ 
missioners, or town board. 

123. Compensation of members of board.] § 5. The mem¬ 
bers of said boards of health shall be allowed for the time spent 
in the performance of their said duties, each the sum of $1.50 per 
day, which together with all bills by them contracted and all 
sums of money by them expended, shall be audited and paid in the 
same manner as other county and town expenses. [As amended by 
Act approved May 16, 1903. In force July 1, 1903. Laws 1903, 
p. 137. 

124. Repeal.] § 6. Sections one (1), two (2), and three (3) 
of Article XIV, of an Act entitled, “An Act to revise the law in re¬ 
lation to township organization,” approved and m force March 4, 
1874, and all Acts or parts of Acts conflicting herewith are hereby 
repealed. 




Div. X.] 


COUNTY BOARDS TO ISSUE BONDS. 


755 


ENABLING COUNTY BOARDS TO ISSUE BONDS FOR PURPOSE 
OF PAYING OUTSTANDING INDEBTEDNESS. 

AN ACT to enable county boards to issue the bonds of their respective coun¬ 
ties for the purpose of paying outstanding indebtedness of such counties 
and to provide for the submission of the question of issuing such bonds 
to a vote of the voters of such counties. [In force July 1, 1905. Laws 
1905, p. 132.] 

125. Outstanding claim against county, excess, etc.—Question of issuing 

bonds submitted. 

126. When special election held—Notice. 

127. Notices to be posted. 

128. Special elections conducted by whom. 

129. Form of vote. 

130. Bonds, how signed and countersigned. 

131. Bonds, when payable— erest. 

132. Sale of bonds—Notice—Publication. 

133. Money from sale of bonds separate fund. 

134. Interest, how to be paid—Sinking fund for payment of principal. 

125. Outstanding claim against county excess, etc.—Ques- 

cion of issuing bonds submitted. | 1. Be it enacted by the People 

of the State of Illinois, represented in the General Assembly: 
That when any county shall have audited and allowed claims for 
county expenses or county purposes which are outstanding and 
which when added to the sum levied for county purposes exceed 
the sum of seventy-five cents on the one hundred dollars valua¬ 
tion of property, the county board may, by an order entered of 
record setting forth substantially the amount of such outstanding 
claims provide for the submission of the question of issuing the 
bonds of the county for such sum as may be reasonably necessary 
for the purpose, to a vote of the people of the county at the next 
election of county officers after the passage of such resolution or 
at a special election called by said county board for that purpose. 

126. When special election held—Notice.] § 2. When a 
special election is called for the purpose mentioned in the fore¬ 
going section the county board shall fix the date for holding the 
same and at least twenty days previous to such date the 
county clerk, in counties not under township organization, shall 
make out and deliver to the sheriff of his county, or in counties 
under township organization, to the several supervisors of his 
county three notices thereof for each precinct or district in 
which the election in such county is to be held. The notice may 
be substantially as follows: 

NOTICE is hereby given that on [give the date], at [give the place of 
holding the election and the name of the precinct or district], in the county 
of [give the name of the county ], a special election will be held for the 
purpose of voting upon the question of issuing the bonds of said county for 
the purposes mentioned in an order of the county board of said county made 



756 


COUNTIES. 


[Div. X. 


and entered of record on the-day of-, A. D. 19— [give the date 

of the order], which election will be opened at eight o’clock in the forenoon 
of that day. 

127. Notices to be posted.] § 3. The said sheriff or super¬ 
visor to whom the notices are delivered shall post up in three 
of the most public places in each precinct or district, the three 
notices therefor at least fifteen days before the time of holding 
such special election. 

128. Special elections conducted by whom.] § 4. All spe¬ 
cial elections held under this Act shall be conducted by the same 
judges and clerks who presided at the next preceding election 
for county officers in said county, and the said election shall be 
conducted and returns thereof shall be made and canvassed as 
nearly as may be in the manner provided by law for the holding 
of general elections for county officers except that no registra¬ 
tion of voters shall be made or required. 

129. Form of vote.] § 5. The votes in favor of the proposi¬ 
tion to issue bonds, at either a general or special election shall 
be “For issuing bonds,” and those against shall be “Against 
issuing bonds,” and if a majority of the votes cast upon the 
question are “For issuing bonds,” then the county board shall 
have power to cause to be issued bonds of said county in accord¬ 
ance with the terms of the order in the first section of this Act 
mentioned. 

130. Bonds, how signed and countersigned.] § 6 . The 

bonds issued under the authority of this Act shall be signed in 
the name of the county by the chairman of the board of county 
commissioners in counties not under township organization, and 
by the chairman of the board of supervisors in counties under 
township organization, and shall be countersigned by the county 
clerk and shall have the seal of the county attached thereto. 

131. Bonds, when payable—Interest.] § 7. The bonds is¬ 
sued by authority of this Act shall be payable at such time or 
times as the county board may in said order determine not 
exceeding however twenty years from the date of issue and 
shall bear interest at such rate per annum as shall by said order 
be fixed not exceeding five per cent. 

132. Sale of bonds—Notice—Publication.] § 8. The said 
bonds or such as may be necessary shall be sold to the highest 
bidder under the direction of the county board by receiving 
sealed bids therefor, but no bond shall be sold for less than par 
and accrued interest and at least fifteen days’ notice of the time 
and place of receiving bids for such bonds shall be given by the 
county clerk by publication thereof for at least two successive 
weeks in some newspaper of general circulation in said county. 





Dj.v. X.] 


LEGALIZING COUNTY BONDS. 


757 


133. Money for sale of bonds separate fund.] § 9. The 

money realized from the sale of said bonds, or any of them, shall be 
kept as a separate fund and disbursed only for the purpose for which 
they were issued: Provided, that any surplus that may remain after 
the payment of all demands against said funds may be used for 
other county purposes. 

134. Interest, how to be paid—Sinking fund for payment of 
principal.] § 10. The county board of each county issuing bonds 
under the provisions of this Act shall include in the amounts of 
all taxes to be raised for county purposes in each year a sum 
sufficient to pay the accruing interest on such bonds and also a 
sufficient sum to be set apart as a sinking fund to be accumu¬ 
lated and used for the payment of the principal of said bonds at 
their maturity. 

LEGALIZING COUNTY BONDS VOTED FOR COUNTY BUILDINGS. 

AN ACT to legalize county bonds voted for county buildings. [Approved 
June 1 , 1908. In force July 1 , 1908.] 

135. Legalizing county bonds voted for county buildings. 

135. Legalizing county bonds voted for county buildings.] 

§ 1. Be it enacted by the People of the State of Illinois represented 
in the General Assembly: That in all cases where counties have 
voted bonds for the construction of county buildings the acts of 
said counties in so voting shall be and the same are hereby made 
legal and binding, notwithstanding any informality in the time 
or manner of holding the election for such purpose. 

BURIAL OF INDIGENT OR FRIENDLESS UNION SOLDIERS OR 
MARINES, ETC. 

AN ACT to provide for the burial of deceased indigent or friendless soldiers, 
sailors or marines of the late Civil war, the Spanish-American war, the 
Philippine insurrection and the Boxer uprising in China, or their moth¬ 
ers, wives or widows. [Approved May 24, 1907. In force July 1, 1907. 
Laws 1907, p. 78.] 

136. Appointment of person—Interment. 

137. Expenses—Burial—Funeral. 

138. County to pay expenses. 

139. Repeal. 

136. Appointment of person—Interment.] § 1. Be it 

enacted by the People of the State of Illinois represented in the 
General Assembly: That it shall be the duty of the board of 
supervisors in counties under township organization, and of the 
county commissioners in counties not under township organiza¬ 
tion, to designate some suitable person or persons who shall 
serve without compensation, whose duty it shall be to cause to 
be properly interred the body of any honorably discharged soldier, 
sailor or marine, who served in the army or navy of the United 
States during the late civil war, the Spanish-American war, the 



758 


COUNTIES. 


[Div. X. 


Philippine insurrection, or the Boxer uprising - in China, or their 
mothers, wives or widows who may hereafter die in such county, 
without having sufficient means to defray the funeral expenses. 

137. Expense— Burial—Funeral.] § 2. The expense of 
such burial shall not exceed the sum of fifty dollars, such burial 
shall not be made in any cemetery or burial ground used exclu¬ 
sively for the burial of the pauper dead, or in that portion of any 
burial ground so used: And, provided, that in case relatives of 
the deceased, who are unable to bear the expense of burial, desire 
to conduct the funeral, they may be allowed to do so, and the 
expense thereof shall be paid as hereinafter provided. [As 
amended by Act approved June 8, 1909. In force July 1, 1909. 
Laws 1909, p. 123. 

138. County to pay expenses.] § 3. The expenses of such 
burial and headstones shall be paid by the county in which such 
soldier, sailor or marine, or their mothers, wives or widows, 
resided at the time of his or her death; and the board of super¬ 
visors in such counties under township organization, or 
county commissioners in such counties not under township or¬ 
ganization, is authorized and directed to audit the account, and 
pay the said expenses in a similar manner as other accounts 
against such county are audited and paid: Provided, that noth¬ 
ing in this Act contained shall apply to the burial of soldiers and 
sailors who are inmates of the Soldiers’ and Sailors’ Home at the 
time of their death. 

139. Repeal.] §4. An Act entitled, “An Act to provide 
for the burial of deceased indigent or friendless union soldiers, 
sailors or marines of the late war,” approved June 16, 1891, in 
force July 1, 1891, is hereby repealed. 

MAY ERECT MONUMENTS OR MEMORIAL BUILDINGS IN 
HONOR OF THE SOLDIERS AND SAILORS. 

AN ACT to authorize counties to erect monuments or memorial buildings 
in honor of their soldiers and sailors. [Approved April 22, 1899. In 
force July 1 , 1899. Laws 1899, p. 124.] 

140. How propositions submitted to vote of people. 

140. How propositions submitted to vote of people.] § 1. 

Be it enacted by the People of the State of Illinois represented in 
the General Assembly: That upon the petition of two hundred 
or more legal voters of a county being filed with the county 
clerk thirty days prior to any county election praying that the 
proposition of erecting or completing a monument or memorial 
building in honor of its soldiers and sailors at the county seat be 
submitted to a vote of the people of such county, such proposi¬ 
tion shall be submitted to a vote of the people of such county at 
the next ensuing county election. 

Such proposition shall be clearly indicated upon the ballot, 
and two spaces left upon the margin, one for votes favoring the 




Div. X.] 


CLASSIFICATION OF COUNTIES. 


759 


proposition, to be indicated by the word “yes,” and one for votes 
opposing the proposition, to be indicated by the word ‘‘no,” as 
in the form herein given. 


Proposition for the erection of a monument or memorial building 

Yes 

X 

in honor of the soldiers and sailors of the county. 

No 



The elector shall designate his vote by a cross mark, thus 
(X), and no ballot which has not a cross opposite the word “yes” 
or “no” shall be counted either for or against the proposition. 

If a majority of all the votes cast upon such proposition are 
in favor thereof, it shall be the duty of the county board of such 
county to within one year after such election appropriate suffi¬ 
cient funds to erect a suitable monument or a suitable memorial 
building and purchase a site therefor, if necessary, at the county 
seat, in honor of its soldiers and sailors. 

If a memorial building shall be erected, the same shall be 
under the supervision and control of the county board, and it 
shall be lawful for the county board to permit such use of the 
building as it deems advisable. 

CLASSIFICATION OF COUNTIES. 

AN ACT to amend Section 13, and to classify the several counties in this 
State with reference to Fees and Salaries Act of March 29, 1872. [As 
amended by Act approved May 11, 1901. In force July 1 , 1901. Laws 
1901, p. 208. 

141. Counties classified. 

141. Counties classified.] § 13. That for the purpose of 
fixing the fees and compensation of county and township officers 
in this State, the several counties therein are hereby divided into 
three classes, according to population, as ascertained by the Federal 
Census of the year 1900, which classes shall be known as the first, 
second and third, as follows: 

Counties containing a population of not exceeding twenty-five 
thousand inhabitants, to-wit: Alexander, Bond, Boone, Brown, 
Calhoun, Carroll, Cass, Clark, Clay, Clinton, Crawford, Cumberland, 
DeWitt, Douglas, Edwards, Effingham, Ford, Franklin, Gallatin, 
Greene, Grundy, Hamilton, Hardin, Henderson, Jasper, Jersey, 
Johnson, Kendall, Lawrence, Marshall, Mason, Massac, Menard, 
Mercer/Monroe, Moultrie, Perry, Piatt, Pope, Pulaski, Putnam, 
Richland, Saline, Schuyler, Scott, Stark, Union, Wabash, War¬ 
ren, Washington, Wayne and Woodford, shall belong to, and be 
known as, counties of the first class, 

Counties containing a population over twenty-five thousand and 
not exceeding one hundred thousand, to-wit °. Adams, Bureau, 








760 


COUNTIES. 


[Div. X. 


Champaign, Christian, Coles, DeKalb, DuPage, Edgar, Fayette, 
Fulton, Hancock, Henry, Iroquois, Jackson, Jefferson, Jo Daviess, 
Kane, Kankakee, Knox, Lake, La Salle, Lee, Livingston, Logan, 
Macon, Macoupin, Madison, Marion, McDonough, McLean, Mc¬ 
Henry, Montgomery, Morgan, Ogle, Peoria, Pike, Randolph, Rock 
Island, Sangamon, Shelby, St. Clair, Stephenson, Tazewell, Ver¬ 
million, White, Whiteside, Will, Williamson and Winnebago, shall 
belong to, and be known as, counties of the second class. 

Counties containing a population exceeding one hundred thou¬ 
sand, to-wit: The County of Cook shall belong to, and be known 
as, counties of the third class. 

The fees and compensation of the several officers hereinafter 
named, shall be as provided by law in the respective classes of the 
counties to which they belong. 

RELIEF OF THE BLIND. 

AN ACT for the relief of the blind. [Approved May 11, 1903. In force 

July 1, 1903. Laws 1903, p. 138.] 

141a. County may contribute from charity fund toward support of blind 
person. 

142. What persons may receive aid—Discretion of county commis¬ 

sioners. 

143. Who not entitled to receive aid under this Act. 

144. Official “examiner of the blind” to be appointed. 

145. Duty of examiner—Registration of applicants—Fees. 

146. Affidavit of applicant for benefit—Duty of county clerk. 

147. Registry and yearly certification by county clerk. 

148. Duty of supervisor of county commissioners to provide for pay¬ 

ment. 

149. Penalty for false affidavit. 

141a. County may contribute from charity fund toward sup¬ 
port of blind person.] § 1. Be it enacted by the People of the 
State of Illinois represented in the General Assembly: That it shall 
be lawful for any county to contribute such sum or sums of 
money from the charity or general funds toward the support of 
any blind person who may come under the provisions of this Act. 

142. What persons may receive aid—Discretion of county 
commissioners.] § 2. That all male persons over the age of 
twenty-one (21) years, and all female persons over the age of 
eighteen (18) years, who are declared to be blind in the manner 
hereinafter set forth, and who come within the provisions of this 
Act, shall at the discretion of the board of county commissioners 
or the board of supervisors, receive as a benefit one hundred and 
fifty dollars ($150) per annum, payable quarterly, upon warrants 
properly drawn upon the treasurer of the county of which such 
persons are residents. 

143. Who not entitled to receive aid under this Act.] § 3, 

That no person or persons who are charges of any charitable 



Div. X.] 


RELIEF OF THE BLIND. 


761 


institution of this State or any county or city thereof, or persons 
having an income of more than two hundred and fifty dollars 
($250) per annum, or persons who have not resided within the 
State of Illinois continuously for ten (10) consecutive years and 
in their respective counties three (3) years, immediately before 
applying for said benefits, shall be entitled to the provisions of 
this Act. 

144. Official “examiner of the blind” to be appointed.] § 4. 

It is hereby made the duty of the board of county commissioners 
or board of supervisors in each county in this State, to appoint 
a regular practicing physician, whose official title shall be “Ex¬ 
aminer of the Blind,” who shall keep an office open in some con¬ 
venient place during the first week of each year for the examining 
of applicants for said benefit. 

145. Duty of examiner—Registration of applicants—Fees.] 

§ 5. It is hereby made the duty of the examiner of the blind to ex¬ 
amine all applicants for benefit, referred to him by the board of 
county commissioners or board of supervisors, and to endorse on 
the application a certificate to each applicant, showing whether 
he or she is blind or not. Said examiner shall keep a register in 
which he shall enter the facts contained in each certificate. He 
shall be paid from the county treasury for his services the sum 
of two dollars ($2.00) for each applicant so examined. 

146. Affidavit of applicant for benefit—Duty of county 
clerk.] §6. All persons claiming the benefit provided herein 
may go before the county clerk of their respective counties, and 
make affidavit to the facts which bring him or her within the 
provisions of this Act, which shall be deemed an application for 
said benefit; two citizens, residents of the county, shall be re¬ 
quired to make affidavits to the fact that they have known said 
applicant to be a resident of the county for three years immedi¬ 
ately preceding the filing of said application; the county clerk 
shall bring the same to the attention of the county commissioners 
or county supervisors of the county, who shall refer the ap¬ 
plication to the examiner of the blind for said county. 

147. Registry and yearly certification by county clerk.] § 7. 
The county clerk shall register the name, address and number 
of applicant, and date of the examination of each of the appli¬ 
cants who has been so determined to be entitled to said benefit, 
and each year, or on or before the fifteenth (15th) day of Janu¬ 
ary, he shall certify to the county commissioners or county super¬ 
visors of the county the names and residences of each applicant. 

148. Duty of supervisor or county commissioners to pro¬ 
vide for payment.] § 8. It is hereby made the duty of the board 
of county commissioners or board of supervisors of each county 



762 


COUNTIES. 


[Div. X. 


this State to provide in the annual appropriation for the payment 
of persons so entitled to said benefit, who have complied with the 
provisions of this Act, and to cause warrants on the county treasurer 
to be drawn, properly endorsed, payable to each of said persons in 
said county each quarter in each year thereafter, during the life of 
said persons, while they are residents of said county or until said 
disability is removed. 

149. Penalty for false affidavit.] § 9. Any person who 
shall make a false affidavit in order to secure the benefit herein 
provided, shall, upon conviction, be deemed guilty of perjury. 

COUNTY BOARDS—EMPLOYMENT OF STENOGRAPHERS. 

AN ACT authorizing and empowering county boards to employ and pay a 
stenographer, and to legalize and make valid the acts of county boards 
heretofore done in employing and paying stenographers. [Approved 
May 25, 1911. In force July 1, 1911. Laws 1911, p. 243.] 

150. Authorizes county boards to employ and pay stenographers. 

151. Acts legalized. 

150. Authorizes county boards to employ and pay stenog¬ 
raphers.] § 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the county boards of the 
several counties of this State shall have power to employ and pay a 
stenographer. 

151. Acts legalized.] § 2. That all Acts heretofore done 
by county boards in employing and paying stenographers are hereby 
legalized and made valid, anything in any law of this State to the 
contrary notwithstanding. 

COUNTY BOARDS—FUNDS FOR COUNTY FAIR EXHIBITS. 

AN ACT to empower the board of supervisors in counties under township 
organization or the board of county commissioners in counties not under 
township organization, to appropriate funds for educational or agricul¬ 
tural exhibits at county fairs. [Approved May 25, 1911. In force July 1, 
1911. Laws 1911, p. 243.] 

152. Authorizes appropriation of funds for certain exhibits at county fair. 

152. Authorizes appropriation of funds for certain exhibits 
at county fair.] § 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That the board of 
supervisors in counties under township organization or the board of 
county commissioners in counties not under township organization, 



Div. X.] COUNTY AUDITOR IN CERTAIN COUNTIES 


763 


shall have power to appropriate funds to be used for educational or 
agricultural exhibits at the county fair held annually in their county: 
Provided, however, that the amount so appropriated shall not exceed, 
in any one year, the sum of three hundred dollars. 


COUNTY AUDITOR IN CERTAIN COUNTIES. 

AN ACT to create the office of county auditor in counties under township 
organization of over seventy-five thousand (75,000) inhabitants and under 
three hundred thousand (300,000), to provide for his nomination, election, 
term of office, salary and to define his duties. [Approved June 10, 1911. 
In force July 1, 1911. Laws 1911, p. 242.] 

153. County auditor—term—nomination—election—qualification—oath— 

vacancy. 

154. Compensation—office room. 

155. Duties. 

156. Repeal. 

153. County auditor — Term — Nomination — Election — 
Qualification—Oath—Vacancy.] § 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly: That 
in all counties under township organization, containing less than 
three hundred thousand (300,000) and over seventy-five thousand 
(75,000) inhabitants by the last federal census, there is hereby 
created the office of county auditor, whose term of office shall be 
four (4) years and until his successor is elected and qualified. The 
nomination and election shall be subject to the general election laws 
of the State, and he shall be elected each four years, beginning with 
the November election of 1912, and shall take office the first Monday 
of the following December. His qualifications and oath of office 
shall be the same as apply to other county officers. In case of a 
vacancy in the office of county auditor caused by death, resignation 
or removal from office, the vacancy shall be filled as provided for 
filling vacancies of other county officers. 

154. Compensation—Office room.] § 2. The compensa¬ 
tion, office room and furnishings of the county auditor shall be 
determined and fixed by the county board as in manner provided 
for other county officers, and shall be paid out of the county 
treasury, by order of the county board. 

155. —Duties.] § 3. The duties of the county auditor shall 

be as follows: 

(a) To audit all claims against the county of whatsoever 
character, and recommend to the county board the payment or 
rejection of all bills presented. 




764 


COUNTIES. 


[Div. X. 


(b) It shall also be the duty of said auditor to collect and 
preserve statistical information with respect to cost of maintenance 
of the various institutions of the counties to which this Act applies, 
such as county farms, county jails, workhouses and court houses, or 
any other institution maintained at county expense. 

(c) It shall be the duty of the auditor to approve all orders 
for supplies issued by the various county officers, before the orders 
are to be placed with the parties to whom the same are to be given. 

(d) It shall be the duty to keep a record of all contracts 
entered into by the county board and all authorized county officers, 
for or on behalf of the county. 

(e) It shall be the duty of the county auditor to report 
quarterly to the county board all fees and emoluments due the 
county from the various county officers as earned, collected or re¬ 
ceived under performance to their duties. 

156.—Repeal.] § 4. (f) All Acts or parts of Acts in con¬ 
flict herewith are hereby repealed. 


COUNTY BOARDS—FUNDS FOR FARMERS’ INSTITUTES. 

AN ACT to enable county boards of supervisors in counties under township 
organization and county commissioners in counties not under township 
organization, to appropriate county funds for use of county farmers’ 
institutes. [Approved June 5, 1911. In force July 1 , 1911. Laws 1911, 
p. 244.] 

157. Appropriations for county farmers’ institutes—limitation. 

157. Appropriations for county farmers’ institutes—Limita¬ 
tion.] § 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That it shall be lawful for 
county boards of supervisors in counties under township organiza¬ 
tion, and for county commissioners in counties not under township 
organization, to appropriate funds from the county treasury for use 
of county farmers’ institutes in their efforts to promote the adoption 
of the latest approved methods of crop production, the improve¬ 
ment of live stock, the conservation of soil fertility, and the im¬ 
provement of agricultural conditions generally: Provided, that in 
no case shall it be lawful for a county board to appropriate more 
than three hundred dollars ($300.00) in any one year for the above 
purposes. 




Div. X.] 


COURT HOUSES—LEASE OF SPACE. 


765 


COURT HOUSES—LEASE OF SPACE. 

AN ACT entitled, “An Act to authorize boards of county commissioners or 
boards of supervisors, as the case may be, to lease space in court houses 
(not needed for county purposes) to the State or any court thereof, to 
cities, villages, towns, sanitary districts or other municipal corporations.” 
[Approved and in force May 27, 1911. Laws 1911, p. 244.] 

158. Authorizes lease of space in court houses. 

159. Emergency. 

158. Authorizes lease of space in court houses.] § 1. 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: That whenever it shall appear to any board 
of county commissioners or board of supervisors that there is space 
in the court house of the county governed by such board of county 
commissioners, or board of supervisors, not needed for county pur¬ 
poses, it shall be lawful for such board of county commissioners or 
board of supervisors, as the case may be, to lease any such space to 
the State or any court thereof, to any city, village, town, sanitary 
district or other municipal corporation for such period of time and 
upon such terms as may seem just and equitable to such board of 
county commissioners or board of supervisors, as the case may be. 

159. Emergency.] § 2. Whereas, An emergency exists, 
this Act shall take effect from and after its passage. 


APPROPRIATIONS FOR SOIL AND CROP IMPROVEMENT 
ASSOCIATIONS. 

AN ACT to enable the county boards to appropriate funds for the use of 
soil and crop improvement association [s] of their several counties. 
[Approved June 27, 1913. In force July 1, 1913. Laws 1913, p. 202.] 

160. County boards empowered to appropriate funds for improvement of 

general agricultural conditions—Limitation. 

161. Report to county board. 

160. County boards empowered to appropriate funds for im¬ 
provement of general agricultural conditions—Limitation.] § 1. 

Be it enacted by the People of the State of Illinois, represented in the 
General Assembly: That the county boards of the several counties 
of this State are hereby authorized and empowered to appropriate 
for the use of county soil and crop improvement associations, or any 
other like association organized for the improvement of general 
agricultural conditions, a sum not to exceed five thousand dollars 
($5,000.00) per annum, which is hereby declared to be for county 
purposes, and to be paid to the treasurer of such association as soon 
as the annual taxes shall have been collected in like manner as all 
other expenditures are authorized and expended by said boards. 




766 


COUNTIES. 


[Div. X. 


161. Report to county board.] § 2. And it shall be the 
duty of the treasurer of such association receiving said money to 
prepare at least annually a complete and detailed statement or report 
of the manner in which said money shall have been expended, which 
said statement shall be signed by the president of said association, 
attested by its secretary, and sealed with its seal, if it have one, and 
file said report with the said county board. 

COUNTY CLERKS. 


AN ACT to revise the law in relation to county clerks. [Approved March 
24, 1874. In force July 1 , 1874. Revised Stat., chap. 35.] 


1. Oath. 

2. Bond—Form. 

3. Commission. 

4. Office at court house, etc. 

5. Seal. 

6. Deputies. 

7. Principal clerk responsible. 

8. Pro tern, clerk in case of vacancy. 

9. Custody of records. 

10. General duties: 

(1.) As clerk of county board. 

(2.) Record of county orders. 

(3.) County orders to be countersigned. 
(4.) Record of official bonds. 

(5.) Indexes of records in his office. 
(6.) Copies of records. 

(7.) Other duties required by law. 


1. Oath.] § 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly : That each county 
clerk, before entering upon the duties of his office, shall take and 
subscribe the following oath, which shall be entered at large upon 
the records of his office: 


I do solemnly swear [or affirm, as the case may be] that I will support 
the Constitution of the United States, and the Constitution of the State of 
Illinois, and that I will faithfully discharge the duties of the office of county 
clerk of -county, according to the best of my ability. 

Laws 1849, p. 63, § 8. 

2. Bond—Form.] § 2. Each county clerk shall, before en¬ 
tering upon the duties of his office, give bond in such penalty and 
with such security as the county board shall deem sufficient, which 
bond shall be substantially in the following form, and shall be re¬ 
corded at large upon the records of his office, and when so recorded 
shall be deposited with the clerk of the circuit court for safe 
keeping: 

Know all men by these presents, that we, (A. B.) principal, and (C. D.) 
and (E. F.) sureties, all of the county of - and State of Illinois, are 





Div. X.} 


COUNTY CLERKS. 


767 


held and firmly bound to the People of the State of Illinois, in the penal 
sum of — dollars, for the payment of which, well and truly to be 
made, we bind ourselves, each of us, our heirs, executors and adminis¬ 
trators, firmly by these presents. Signed with our hands and sealed with 
our seals. 

Dated at -, the - day of -, A. D. 19—. 

The condition of the above bond is such, that if the above bounden (A. 

B.) shall perform all the duties which are or may be required by law to be 

performed by him as county clerk of said county of-, in the time 

and manner prescribed or to be prescribed by law, and when he shall be 
succeeded in office, shall surrender and deliver over to his successor in 
office all books, papers, moneys and other things belonging to said county, 
and appertaining to his said office, then the above bond to be void; otherwise 
to remain in full force. 

Signed, sealed and delivered in the presence of (G. H.) 

A. B., [seal.] 

C. D., [seal.] 

E. F., [seal.] 

[Laws 1849, p. 63, §8. 

3. Commission.] § 3. County clerks shall be commissioned 
by the governor. 

4. Office at court house.] § 4. The county clerk shall keep 
his office at the court house of his county, or at such other places 
as may be provided for him by the authorities of such county at 
the county seat. [Laws 1849, p. 63, § 8. 

5. Seal.] § 5. He shall be keeper of the seal of the 
county, which shall be used by him in all cases where he is re¬ 
quired to use an official seal. [Laws 1849, p. 63, § 5. 

6. Deputies.] § 6. He may appoint deputies, who shall take 
and subscribe the same oath for the discharge of their duties as 
is required of him, which shall be entered of record in his office. 
[Laws 1853, p. 257, § 1; Revised Stat. 1845, p. 395, § 6. 

7. Principal clerk responsible.] § 7. The principal clerk 
shall in all cases be responsible for the acts of his deputies. [Re¬ 
vised Stat. 1845, p. 395, § 7. 

8. Pro tern clerk in case of vacancy.] § 8. Whenever a. va¬ 
cancy occurs in the office of any county clerk and the unexpired 
term exceeds one year, the county board of the county shall im¬ 
mediately appoint a clerk pro tempore, who shall qualify by giv¬ 
ing bond and taking the oath as required of the county clerk, and 
shall thereupon perform all the duties and be entitled to all the 
emoluments and be subject to all the penalties appertaining to the 
office of county clerk until the successor of such clerk is elected 
or appointed and qualified. [See “Elections,” 138, § 133; Laws 
1849, p. 64, § 10. 

9. Custody of records.] § 9. The county clerk shall have 
the care and custody of all the records, books and papers apper- 








768 


COUNTIES. 


[Div. X. 


taining to and filed or deposited in their respective offices and 
the same shall be opened to the inspection of all persons without 
reward. [Laws 1861, p. 238, § 12. 

10. Gneral duties.] § 10. The duties of the county clerk 
shall be— 

1st. To act as clerk of the county board of his county and to 
keep an accurate record of the proceedings of said board, file and 
preserve all bills of account acted upon by the board, and when 
any account is allowed or disallowed, he shall note that fact 
thereon, and when a part of any account is allowed he shall note 
particularly the items allowed. 

2d. To keep a book in which he shall enter the number, date 
and amount of each order upon the county treasurer, and the 
name of the person in whose favor the same is drawn, and when 
such order is cancelled, he shall note the date of cancellation 
opposite such entry. 1 

3d. Before any such order is delivered to the person for 
whose benefit it is drawn, the county clerk shall present the same 
to the county treasurer, who shall personally countersign the 
same. 

4th. To keep a book, in which shall be entered in alpha¬ 
betical order, by name of the principal, a minute of all official 
bonds filed in his office, giving the name of the office, amount and 
date of bond, names of sureties and date of filing, with such refer¬ 
ence to the number or other designation of the bond, that the 
same may be easily found. 

5th. To keep proper alphabetical indexes of all records and 
papers in his office. 

6th. To give any person requiring the same, and paying the 
lawful fees therefor, a copy of any record, paper or account in his 
office. 

7th. Such other duties as are or may be required by law. 
[Laws 1861, p. 237, § 10; p. 238, § 13. Revised Stat. 1845, p. 
136, § 46. 


(1) A county order is properly executed when signed by the clerk and counter¬ 
signed by the treasurer of the county. No seal of office is required, and the mere 
fact that such order is issued and delivered in another county will not render it 
illegal. Board of Supervisors, etc., v. Lawrence, 63 Ill. R., 82. 




Div. X.] 


COUNTY TREASURER. 


769 


COUNTY TREASURER. 

AN ACT to revise the law in relation to county treasurer. TApproved 

February 25, 1874. In force July 1, 1874.] 1 

1. Oath. 

2. Bond—Form. 

3. Commission. 

4. Duties of treasurer. 

5. Accounts to be kept. 

6. Accounts free to inspection. 

7. County orders countersigned, etc.—Record. 

8. Orders to be filled up and authorized. 

9. When money may be paid from treasury. 

10. Report of county board. 

11. Report to be filed with county clerk—Free to inspection. 

12. Account—Settlement. 

13. Half-yearly settlements. 

14. Examination under oath. 

15. Refusal to make settlement, etc—Defaulter—Misconduct—Removal. 

16. Neglect of duty—Penalty. 

1. Oath.] § 1. Be it enacted by the People of the State of 
Illinois , represented in the General Assembly: That each county 
treasurer, before entering upon the duties of his office, shall take 
and subscribe, and file with the county clerk, the following oath: 

I do solemnly swear [or affirm, as the case may be] that I will support 
the Constitution of the United States and the Constitution of the State of 
Illinois, and that I will faithfully discharge the duties of the office of treas¬ 
urer of the county of -, according to the best of my ability. 

[Revised Stat. 1845, p. 137, § 2. 

2. Bond—Form of.] § 2. Each county treasurer, before 
he enters upon the duties of his office, shall also execute a bond 
in such penalty and with such security as the county board shall 
deem sufficient, which bond shall be in substance in the follow¬ 
ing form, to-wit: 

Know all men by these presents, that we (A. B.), principal, and (C. D. 

and E. F.), sureties, all of the county of-and State of Illinois, are 

held and firmly bound to the People of the State of Illinois, in the penal 

sum of-dollars, for the payment of which, well and truly to be made, 

we bind ourselves, each of us, our heirs, executors and administrators, firmly 
by these presents. Signed with our hands and sealed with our seals. 

Dated at-, the -day of-, A. D. 19—. 

The condition of the above bond is such, that if the above bounden 
(A. B.) shall perform all the duties which are or may be required by law 

to be performed by him. as treasurer of the said county of -, in the 

time and manner prescribed or to be prescribed by law, and when he shall 
be succeeded in office, shall surrender and deliver over to his successor in 
office all books, papers, moneys and other things belonging to said county, and 
appertaining to his said office, then the above bond to be void; otherwise to 
remain in full force. 

Signed, sealed and delivered in the presence of (G. H.) 

A. B., [seal.] 

C. D., [seal.] 

E. F., [seal.] 











770 


COUNTIES. 


[Div. X. 


Which bond shall be filed with the county clerk on or be¬ 
fore the first Monday of December after such election. 1 [Re¬ 
vised Stat. 1845, p. 137, § 3. 

3. Commission.] § 3. The county treasurer shall be com¬ 
missioned by the governor. 

4. Duties of treasurer.] § 4. The county treasurer shall 
receive and safely keep the revenues and other public moneys of 
the county, and all money and funds authorized by law to be 
paid to him, and disburse the same pursuant to law. [Law? 
1861, p. 239, §4. 

5. Accounts to be kept.] § 5. Every county treasurer shall 
keep proper books of account, in which he shall keep a regu¬ 
lar, just and true account of all moneys, revenues and funds re¬ 
ceived by him, stating particularly the kind of funds received, 
whether in gold, silver, county orders, jury certificates, 
auditor’s warrants or other funds authorized by law to be re¬ 
ceived as revenue, the time when, of whom, and on what ac¬ 
count each particular sum in money or other funds was received; 
and also of all moneys, revenues and funds paid out by him agree¬ 
ably to law, stating particularly the time when, to whom, and 
on what account paymnt is made. [See “Revenue,” 296, 297, 
§§ 290, 291; Revised Stat. 1845, p. 138, § 4, 5; Laws 1861, 
p. 239, § 5. 

6. Free to inspection.] § 6. Said books of account shall be 
free to the inspection of all persons wishing to examine the 
same. [Revised Stat. 1845, p. 138, § 5. 

7. County orders countersigned, etc. — Record.] § 7. When 
any court order is presented to him to be countersigned, the 
county treasurer shall personally countersign the same, and shall 
also enter in a book, to be kept by him for that purpose, its num¬ 
ber, date and amount, and the name of the person to whom the 
same is payable, and when any such order is paid, he shall cancel 
the same, and note the fact opposite such entry. [Revised Stat. 
1845, p. 136, § 46. 

8. Orders to be filled up and authorized.] § 8. The county 
treasurer shall not countersign any county order before the 
same is filled up, nor until he shall have examined the records of 
the county board, and ascertained that the issuing of such order 
is warranted thereby. [Revised Stat. 1845, p. 136, § 47. 

9. When money may be paid.] § 9. No money or funds 
shall be paid out of any county treasury, except in accordance 
with an order of the county board, or when payment is spe- 


(1). Morley v. Town of Metamora, 78 1394. 





Div. X.] 


COUNTY TREASURER. 


771 


cifically authorized by law to be made. [Revised Stat. 1845, 
p. 138, §6. 

10. Report to county board.] § 10. The county treasurer 
of each county shall report to the county board, at each regular 
term thereof, the amount of money, county orders, jury certifi¬ 
cates and other funds he may have received from every source, 
since his last accounting, stating by whom, on what account and 
at what time paid into the treasury; and also the amount of all 
payments from the treasury, stating particularly to whom, on 
what account and at what time paid out; also the amount of 
money, county orders, jury certificates and other funds in his 
hands. [Revised Stat. 1845, p. 138, § 7. 

11. Report to be filed—Free to inspection.] §11. Said re¬ 
ports shall be filed and preserved in the office of the county clerk, 
and be free to the inspection of any person wishing to examine 
the same. [Revised Stat. 1845, p. 138, §8. 

12. Account—Settlement.] § 12. The county treasurer 
shall, at any time when required by the county board, render an 
account and make settlement with the county. [Laws 1861, 
p. 240, § 7. 

13. Half-yearly settlements.] § 13. It shall be the duty of 

the county board, at least once every six months, to examine the 
books of account of the treasurer, and count the funds, and make 
settlement with the county treasurer, and the county clerk shall 
enter on the records of the county board the amount and kinds 
of funds found to be in the treasury at such time. [Revised Stat. 
1845, p. 139, § 11. 

14. Examination under oath.] § 14. The county board of 
each county shall have power at any time to examine the county 
treasurer under oath, touching any matter in regard to the faith¬ 
ful discharge of his duty. 

15. Refusal to account, etc.—Defaulter—Misconduct—Re¬ 
moval.] § 15. If any county treasurer shall neglect or refuse 
to render an account, or make settlement at any time when re¬ 
quired by law, or by the county board, or refuse to answer any 
question propounded to him by the county board, or is a de¬ 
faulter, and in arrears with the county, or is guilty of any other 
misconduct in his office, the county board may remove him from 
office, and may appoint some suitable person to perform the 
duties of treasurer until his successor is elected, or appointed 
and qualified; or if by reason of the death or resignation of the 
county treasurer, or other cause, the said office shall become va¬ 
cant, then the county board may appoint some suitable person to 



772 


COUNTIES. 


[Div. X. 


perform the duties of treasurer, until a county treasurer is elected 
or appointed and qualified. The person so appointed shall give 
bond and security, as required by law of the county treasurer. 
[As amended by Act approved and in force March 9, 1883. Laws 
1883, p. 70. 

16. Neglect of duty—Penalty.] § 16. If any treasurer of 
any county in this State shall neglect or refuse to perform any of 
the duties required of him by this Act, he shall forfeit a sum of 
not less than $50, and not exceeding $1,000, according to the 
nature and aggravation of the offense, to be recovered by indict¬ 
ment in the circuit court of the proper county, or by action of 
debt, by any person who shall sue therefor, one-half to the per¬ 
son suing, and the other half to the proper county. [Revised 
Stat. 1845, p. 140, § 18. 



GENERAL NOTES 


TOWNS. 


The word “town,’ as found in our statute, is not always used in the same sensp 
Under the township system, a town is a species of municipal corporation, and con¬ 
stitutes an integial part of a county, and such towns are clearly interwoven in the 
management of county affairs, and generally embrace a township according to gov- 
- survey - The word, as used in the Rev. Stat. of 1845, referred to a different 
kind of incorporation; such an organization was formerly always called an “incor¬ 
porated town,” while in our later statutes they are frequently called “villages” but 
mean the same thing. Martin v. The People, 87 Ill. R., 524. 

“A town under the Township law is not an incorporated town within th« mean- 

“ w “« rally glven by the statutes.” Town of Woo-sung et al. v. People, 102 
b48j bo4. 


“An incorporated town within the meaning of the statute regulating the organiza- 
tion of cities and villages, is a village or small collection of residences which has 
become incorporated for the better regulation of their internal police etc.” People 
v. Village of Harvey, 142 Ill., 573, 576; Martin v. The People, 87 Ill., 524. 

“ ‘Incorporated Towns’ does not refer to towns under the Township Organization 
law.” Harris v. Schryock, 82 Ill., 119. 

“A town organized under the Township Organization law is but a quasi cor¬ 
poration and not an Incorporated Town, and hence is not within the meaning of the 
word “town” as used in the Act of 1883, concerning the licensing of dram shops in 
counties, cities, towns and villages.” People v. The Town of Thornton, 186 Ill., 162. 

The -words “town meeting” as used in the Township law refer to the annual 
meetings of the electors of the town for the transaction of town business. Such 
meetings are clearly distinguishable from “elections” when there is no other business 
transacted but to elect officers. C. & I. R. R. Co. v. Mallory, 101 Ill. R., 583. Towns 
at their annual town meetings may provide for the institution and defense of suits in 
which the town is interested, and a contract between the supervisor and an attorney, 
for that purpose, in pursuance of a resolution adopted at town meeting, will be en¬ 
forced. Town of Mt. Vernon v. Patton, 94 Ill. R., 65. 

The first Constitution of Illinois (A. D. 1818), provided for the organization of 
counties on the county-court plan of Virginia. The second Constitution (A. D. 1848), 
ordered that “the General Assembly shall provide, by a general law, for a township 
organization,” etc. In pursuance of this constitutional mandate, “an Act to provide 
for township organization,” was passed and became effective April 1, 1851. In the 
first four sections (Art. I), the legislature employed the constitutional word “town¬ 
ship.” In the fifth section, the lawmakers fell into the error of employing the 
words town and township, as if they were synonymous terms. The third consti¬ 
tution (A. D. 1871), like its predecessor, recognizes the subdivision of counties for 
purposes of local government by the name townships, not towns, and the legislature 
(A. D. 1874), passed “an Act to revise the law in relation to township organization,” 
and therein continued the twenty-three-year-old error of employing “township” and 
"town” as words of the same meaning. 


The supreme court has done what it could to correct this persistent legislative 
error. For instance, the township assembly, or so-called “town-meeting,” of Scales’ 
Mound township, Jo Daviess county, passed an ordinance “to enlarge the cemetery 
of the town of Scales’ Mound,” by the purchase or condemnation of two acres of 
adjoining land. The owner of said acres and the township authorities being unable 
to agree on the price, the latter instituted legal proceedings to acquire the land 
by condemnation. From the judgment on this procedure the owner carried an 
appeal to the supreme court, his contention being that the “town” of Scales’ Mound 
had no authority to acquire land for a cemetery, because the statute confers this 
power on “any city, village or township,” but not on any “town.” The court, in 
deciding, said: “The statute relating to cemeteries authorizes a township to acquire 
land by condemnation. A mere geographical subdivision of land by government 
survey, not organized in a corporate capacity, can neither begin nor prosecute a con¬ 
demnation proceeding. Consequently, if the term ‘township’ as used in the ceme¬ 
teries Act, confers no authority on one of the component subdivisions of a county, 
called into being by ‘the township organization’ law, then the word ‘township’ in 
the cemeteries Act is meaningless. We are of opinion that the legislature intended 
to use the words ‘township’ and ‘town’ synonymously in referring to the organized 
political divisions of a county. The U. S. supreme court (119 U. S. 686), said: ‘In 
New Jersey, Pennsylvania, Ohio, Michigan, Indiana and Illinois, the subdivisions of 
a county, answering to the ‘towns’ of New England and New York, are called 
townships, though the word ‘town’ is also applied to them in Illinois.’ ” 195 Ill., 353. 

In another case the court said: “The record in this case shows that when the 
question was submitted to the legal voters of the territory to be incorporated, it 
was found that all the votes were cast for village organization under the general 


773 


774 


GENERAL NOTES. 


law’ for the incorporation of villages. It does appear, however, that this village 
adopted for its municipal name ‘The Town of Campbell Hill,’ and it may be that 
in some of the proceedings for organization it was designated as a ‘town.’ That, 
however, would not invalidate the proceedings, if the statute was followed. It has 
been held a number of times that, within the meaning of the law, the terms ‘town’ 
and. ‘village’ are synonymous.” 87 Ill., 524; 195 Ill., 353; 119 U. S., 686; 197 Ill., 449. 

Probably even the average member of an Illinois legislature would not venture 
to say that the terms ‘‘township” and ‘‘village” are synonymous. As there is no 
legislative omnipotence able to make a thing that which it is not, there is no power 
of a “be it enacted” to make township and town the equivalents of each other. 
The attempt to perform this impossible in the Illinois township organization Act is 
a frequent cause of confusion and of occasional litigation, as the cited cases show. 

“The proper authorities of townships shall annually, on or before the second 

Tuesday in August, certify to the county clerk the several amounts which they sev¬ 
erally require to be raised by taxation.” Revenue law, fl 128, § 122. 

The proper authority of each of the several townships to make this certificate 
is vested in the township clerk. “The authority of the county clerk is the certificate 
of the township clerk, without which any attempt to extend such tax is illegal and 

void. But, back of such certificate there must be a levy of the tax by the proper 

authority, for only from such levy can the township clerk obtain the amount to be 

certified.” 141 Ill. 483. This decision is repeated in 201 Ill., 351. 

The proper authority to make such levy, for all township ‘"purposes required by 
law,” is vested in the township assembly—excepting, that authority to levy a limited 
tax for highway purposes is vested by the roads and bridges Act of 1883, in the 
highways commissioners. 

“Under fl 119 § 113 of the election law, the election of a township officer can be 

contested only by an elector of the township, and that the contestant is such elector 

must be shown in his petition to the court. In a petition to contest an election of a 
township officer an averment that the petitioner was a resident of the township, 
and that he had been nominated for the office of highways commissioner, and his 
name was printed of the voting-paper, are not equivalent to an averment that he 
was an elector of the township.” 172 Ill., 37. 

If the petition fulfill the legal requirements, “the case may be heard and de¬ 
termined by the court in term-time, or by the judge in vacation, at any time not 
less than ten days after service of process, or at any time after the defendant is 
required by notification to appear, and shall have preference in the order of hearing 
to all other cases. And the court in term-time, or the judge in vacation, may make 
and enforce all necessary orders for the preservation and production of the ballots, 
poll-books, tally-papers, returns, and other papers or evidence that may bear upon 
the contest.” Election law fi 121 § 116. 

“Townships are corporate bodies and as such are endowed with power, under 
specified circumstances and for certain purposes, to impose taxes. It is one of the 
most firmly established rules of law that corporations can exercise no power but 
such as is delegated to them. 


“The third subdivision of the 3d clause, 3d §, Art. IV, of the township organt- 
zation Act, authorizing electors at a township meeting to raise money by taxation 
‘for any other purpose required by law,’ is not authority for sustaining a tax levied 
by a vote of the township meeting ‘for town purposes,’ there being nothing to 
show the nature of such purposes. 

“In order to make valid the adoption by a township meeting of a motion to 
raise money by taxation under the third subdivision of clause 3d, of § 3, Art. IV, 
of the township Act, it must appear that the purpose for which the tax was levied 
was one required or authorized by law to be carried into execution by the town¬ 
ship.” 


The law expressly limits the power of the township meeting in respect of its 
authority to raise money for other purposes than those specified in the first second 
and fourth subdivisions of said clause third, to the raising of money py taxation 
for such other purposes only as the statute requires shall, or may, be performed 
by the township in its corporate capacity. ... In order to make legal and ef¬ 
fective the action of the township meeting in adopting a motion to raise monev bv 
taxation under the third subdivision of said clause of said § 3, this much must 
always appear: that the purpose for which the money is to be raiesd is one for 
^ hl i Ch iv, the /° Wn ^ ,p h as authority to raise money by taxation. It is not sufficient 
that the township meeting shall have voted on a proposition to raise money by 
taxation for township purposes,” for the reason that the taxpayer can not he 
required to contribute to the execution of many purposes which the voters iS such 
meeting may think would best conserve the interests of the inhabitantJ and the nur 
poses of the corporate existence of the township, but only to such proses as P fhe 
law has authorized the township, as a corporate entity, to forward o? accomplish 
The taxpayer has right to be informed, by the proposition adopted of the ^ose 
for which the exaction of the tax is ordered. . . . The authority eiven hJ th« 

aforesaid subdivision of clause 3d is to raise money “for purposes authorised Sw 
law,’ and the proposition to raise money under this subdivision must so specify the 

SraZ. r » Vf enable" sSS 

® authoX m ^ ,S .aw S ?. me 19 r P “ rP ° S "' wh ‘" h ™ SSS2 



DRAINS AND DITCHES. 


775 


The supervisor and town clerk, neither separately nor conjointly, are the cor¬ 
porate authority of their town. They are simply town officers, with limited duties 
to perform in respect of town affairs. They have no authority to make corporate 
subscriptions to railroads or issue bonds, except as they are authorized by the electors 
of the town. Williams v. Town of Roberts, 88 Ill. R., 11.' Towns have no power 
to issue bonds to aid in the building of a railroad unless specially authorized by 
statute. Welch v. Post, 99 Ill. R., 471. 

Where town auditors allow claims against a town, and they are certified and 
presented to the voters at town meeting and approved by them, it will be presumed 
there was no fraud in allowing the claims, and a tax levied to pay the same will 
not be enjoined, although some of the claims may have been illegal, if the tax 
is not in excess of that authorized to be levied and collected. Town of Lemont v. 
Singer & Talcott Stone Co., 98 Ill. R., 94. The granting of certificates by town 
auditors for road indebtedness, drawing interest, and afterwards taking them up, 
adding interest to principal and giving new certificates for the whole amount, 
drawing interest, is illegal, but it dose not prove fraud so as to authorize a court 
to enjoin a tax levied to pay such certificates. Town of Lemont v. Singer & Talcott 
Stone Co., 98 Ill. R., 94. A judgment against a town is a town charge, and the 
board of town auditors should audit and certify the amount necessary to satisfy 
the same, and if they refuse, they will be compelled to do so by mandamus. Town 
of Lyons v. Cooledge, 89 Ill. R., 529. 


DRAINS AND DITCHES. 


Section 14 of the Drainage Act, which provides that the commissioners shall 
assess to each tract of land its proportionate share of the entire cost of the work, 
does not require that a tract of land shall be divided into the smallest legal subdivi¬ 
sions in making the assessments, but the more reasonable rule is, that two or more 
tracts disconnected shall not be valued and assessed together. The assessment of a 
tract of 420 acres, all situated in one section, and in one body, and levying a gross 
sum upon the whole, was held no ground for defeating judgment on the assessment. 
A second special assessment by the commissioners of a drainage district is not 
void merely because the record of their proceedings fails to show for what purpose 
it was made. A second assessment is allowed where the first one proves inade¬ 
quate to complete the work proposed, or when necessary for maintenance or repairs. 
An objection to a second assessment, on the ground that it was not made for a 
proper purpose, should be made before the commissioners at their meeting to con¬ 
firm the assessment. In making assessments under the drainage law, it is the duty 
of the commissioners to determine what property will be benefited by the proposed 
work, and what will not, and their determination, when called in question for the 
first time on application for judgment against the land assessed, in the absence of 
fraud, must be held conclusive. The remedy of one aggrieved by an assessment is 
to object to confirmation of the assessment, and if relief is denied, to appeal. The 
sections of Art. IX of the Constitution relating to uniformity in taxation, have no 
bearing on special assessments. Moore v. The People, 106 Ill. R., 376. 

“The relations between highway commissioners and adjoining proprietors with 
reference to drainage are ordinarily the same as between adjacent owners, and if 
the commissioners, by removing a culvert, cause surface water to flow back upon 
adjoining premises they are liable in damages to the owner.” 172 Ill., 391. 


Whenever the proper public authorities either construct a bridge on the line 
of a public road, or accept a bridge there built by others which is used by the 
public, the county, township or adjoining townships represented by such authorities 
must keep such bridge in repair. 158 Ill., 197. 

“A drainage district is a public corporation and the attorney-general, or the 
local State’s attorney, may, where rights of the public are involved, file an in¬ 
formation in the nature of a quo warranto to test the legality of the organization of 
the district without regard to the time since its organization.” 176 Ill., 310. 

"The petition provided for in the drainage Act of 1901 is required to be presented 
to the township clerk and filed in his office, and it is not sufficient to leave the 
same in the office of petitioner’s attorney until the time the order organizing the 
district is entered.” 200 Ill., 33-4. 

“Section 15a of the farm drainage act as amended in 1895, providing that elec¬ 
tions shall be held on the second Saturday in March of each year, between the 
hours of two and six o’clock P. M., applies to drainage districts lying in two town¬ 
ships as well as lying in one township.” 196 Ill., 310. 

“If a city or village assumes jurisdiction of a creek or ditch within its cor¬ 
porate limits and improves the same for drainage purposes, that portion ot the 
creek or ditch can not be included in another drainage district organized under the 
Act of 1901. ... A ditch and its branches, made by special assessment, can 

not be said to have been voluntarily made, within meaning of the Act of 1901. 


200 Ill., 33-4. 

“A party voluntarily connecting with a drainage ditch sufe J ects only “* 3 
land to be taken Into the drainage district. Owners of land adjoining a drainage 
district do not, by deepening the ditches on their own land so as o to .^° nne . c A ™, h 
the ditches of the district, subject the lands of other parties that drain^ through 
such deepened ditches to be taken Into the district, as in case of voluntary con 
nectlon with the ditches under the statute.” 191 Ill., 623. 




776 


GENERAL NOTES. 


FENCES. 

The section of the statute requiring fences to be of a certain height has been held 
to have reference solely to partition fences between adjoining owners, and to have 
no application to an outside fence. Scott v. Wirshing, 64 Ill. R., 102; Scott v. Buck, 
86 Ill. R., 334. Evidence that a party, at the request of another, repaired a fence 
made by the latter as a division fence, and had from time to time put boards 
upon it to the amount of about half the fence, is competent to be considered by the 
jury, upon the question whether there was a division fence. McNally v. O’Brien, 
88 Ill. R., 237. 


REY'ENUE. 

Exemptions from taxation are to be strictly construed. The People v. Seaman’s 
Friend Soc., 87 Ill. R.. 246. Property belonging to the Federal Government is ex¬ 
empt from State taxation. The People v. Gale, 93 Ill. R., 127. Swamp land, so 
long as it belongs to the county, is not subject to taxation, and a purchaser of such 
land at a tax sale acquires no title. County of Piatt v. Goodell, 97 Ill. R., 84. 
Land belonging to an institution of learning, but which is not used exclusively for 
the interests of the institution, is not exempt from taxation. Pres. Theological 
Seminary v. The People, 101 Ill. R., 578. Institutions of purely public charity whose 
property is exempted from taxation must be corporations, and it may well be 
doubted if the statute intended to embrace more than such institutions as are 
founded and maintained by the State. The People v. Seaman’s Friend Soc., 87 Ill. 
R., 246. Where the property of a corporation is by charter exempted from taxation, 
the exemption amounts to a legislative contract, binding on the State, and the 
property cannot afterwards be subjected to taxation. The People v. Soldiers’ Home, 

95 Ill. R., 661. The county board has Jurisdiction to give relief against an assess¬ 
ment of property for taxation which is exempt. Preston v. Johnson, 104 Ill. R., 625. 

All personal property should be assessed at its fair cash value, and all real estate 
at a price it would bring at a fair voluntary sale. Law v. The People, 87 Ill. R., 
385. Capital stock, within the meaning of the revenue law, is intended to designate 
the property of the corporation subject to taxation, not in separate parcels, but as 
an homogeneous unit, partaking of the nature of personalty, and subject to the bur¬ 
dens Imposed upon it at the domicil of the owner, which is where it exercises cor¬ 
porate functions, and where its business is done. Quincy R. R. Bridge Co. v. 
County of Adams, 83 Ill. R., 615. In finding the value of capital stock, etc., of a 
railroad company operating in this and other States, for the purpose of assessment 
in this State, the State Board of Equalization take the value of the entire capital 
stock and set apart so much thereof as the proportion of the length of its main line 
in this State bears to the length of the entire road. O. & M. R. R. Co. v. Weber, 

96 Ill. R., 443. The tangible property of a corporation and the shares of stock, 
are separate and distinct kinds of property under different ownership, and are both 
liable to taxation. Danville Banking Co. v. Parks, 88 Ill. R., 170. The assessment 
and taxation of the capital stock of a corporation over and above the valuation of 
its tangible property is not double taxation. Danville Lumber Co. v. Parks, 88 
Ill. R., 463. 

Land dedicated by the owner as a park to the trustees of the town "for the 
benefit of the owners of lots fronting the same,” remains private property and is 
subject to taxation and special assessment under the general laws. McChesney et al. 
v. The People, 99 Ill. R.. 216. The purchaser of property on the first day of May 
is considered the owner for purposes of taxation. Biggins v. The People, 96 Ill. R., 
381. Where a chattel is levied upon in attachment before the tax warrant comes to 
hands of an officer, the rights of a purchaser under the attachment will relate back 
to the attachment levy and he will hold the property free from the lien under the 
tax warrant. Gear, Scott & Co. v. Hurd, 92 Ill. R., 315. 

For the purposes of taxation, steam engines and boilers are considered as per¬ 
sonal property. Johnson v. Roberts, 102 Ill. R., 655. 

Where commission merchants furnish money to country dealers with which 
to purchase grain, the latter to pay ten per cent interest on the money till paid and 
the commission merchants to receive one cent per bushel as commission in handling 
and selling the same: Held, that the transaction was a loan of money by the 
commission merchants and the grain belonged to the country dealers, and it was 
properly assessed and taxed to them. Lyle v. Jacques, 101 Ill. R., 644. A mistake 
in the name of the owner of property assessed, as C. M. Jacques & Co., for Jacques 

Bros. & Co., will not vitiate the assessment or tax. Lyle v. Jacques, 101 Ill. R., 644. 

Where a party, not the owner or lessee of property, having no taxable Interest therein, 
but who is merely in Joint use of the same with the owner for a compensation, is 
taxed for one-half its value, the tax is illegal and may be enjoined. Irvin v. N. O., 
St. L. & C. R. R. Co., 94 Ill. R., 105. Where the legal title appears in one who is in 
fact but a trustee for another, but the trust is not declared, it is rightfully assessed 
in the name of the trustee. The trustee may have It listed in the name of the 

equitable owner. The People v. Seaman’s Friends Soc., 87 Ill. R., 246. 

Property permanently located at a particular place is subject to taxation there, 
whether the owner resides there or not. A boat is to be taxed at its home port 
without regard to the place where its owner resides. Irvin v. N. O., St. L. A C. 
R. R. Co., 94 Ill. R., 105. Where parties residing and doing business in one town or 
city are also engaged in a manufacturing business at another town or city, from 



FENCES—REVENUE. 


777 


which place the goods manufactured are sent to the former place, all the property- 
on hand on the first day of May at the place of manufacture is subject to taxation 
at that place. Selz v. Cagwin, 104 Ill. R., 647. 

The revenue law requiring all property in this State to be assessed for taxation, 
does not refer to property merely passing throngh or in the State for a temporary 
purpose. Irvin v. N. O., St. L. & C. R. R. Co., 94 Ill. R. f 105. 

The schedule returned by a party to the assessor is not an assessment until it is 
passed upon and approved by the assessor. Felsenthal v. Johnson, 104 Ill. R., 21. 

Where a railroad corporation formed under the laws of this State, is con¬ 
solidated with another out of the State, the consolidated company is considered as 
formed under the laws of this State, for the purpose of assessment of capital stock. 
O. & M. R. R. Co. v. Weber, 96 Ill. R., 4 43. Contractors building a railroad upon 
contract, but who are not vested with the franchise or right of way, are not the 
owners of the road for purposes of taxation. Union Trust Co. v. Weber, 96 Ill. 
R., 346. 

Land held and in actual use by a railroad company for sidetracks, switches and 
turn-outs, is railroad track within the meaning of the revenue law. C. & A. R. R. 
Co. v. The People, 98 Ill. R., p. 354. The land constituting the right of way of a rail¬ 
road, with the ties, rails, etc., in place on the track, and turn-outs, depot grounds 
and buildings are real estate, but the rolling stock is made by statute personal 
property for the purpose of taxation. Union Trust Co. v. Weber, 96 Ill. R., 346. 
Where a lot is returned by a railroad company in its list as being used for tracks, 
etc., in connection with the road for railroad purposes, and the Board of Equalization 
assess the same, and taxes are levied and paid thereon, an assessment by the local 
assessor of the same lot, will be double assessment and illegal. C. & A. R. R. Co. v. 
The People, 99 Ill. R., 4 61. The rolling stock and track of railway companies are 
to be assessed by the State Board of Equalization, but all other railroad property 
is to be assessed by the local assessors. C. B. & Q. R. R. Co. v. Siders, 88 Ill. R., 320. 

The revenue law makes it the duty of the owner, where a tract of land is di¬ 
vided into parcels so that it can not be described without metes and bounds, to 
cause such lands to be surveyed and platted into lots, and the plat certified and 
recorded according to law. Where this is done, the lots may be assessed according 
to their number. The People v. C. & A. R. R. Co., 96 Ill. R., 869. A survey and 
platting of land by a deputy county surveyor, at the instance of an assessor, without 
any notice by the county clerk to the owner, or not at the request of the clerk, the 
plat not being recorded, is not a compliance with the statute (fl 67 § 62, Revenue 
law), and binding on no one. The People v. C. & A. R. R. Co., 96 Ill. R., 369. 

Any description of property for the purposes of taxation by which the property 
may be identified by a surveyor with reasonable certainty, is sufficient. Fowler v. 
The People, 93 Ill. R., 116. A lot assessed as “Lot 5 in assessor’s subdivision of the 
west half of Section 1, Township 13, N. R.12 west,” no number of acres being given, 
when it appears that no plat of any such lot as described was ever made and re¬ 
corded, is insufficient in description and no judgment for taxes can be had thereon. 
Sanford v. The People, 102 Ill. R., 374. An assessment for taxes made by a person 
not authorized by law, as an assessment by a township assessor of railroad property 
that should be assessed by the State Board of Equalization, is void. C. & A. R. R. 
Co. v. The People, 98 Ill. R., 350. 

Where the proper appointing power in a town meet and determine that there 
is a vacancy in the office of assessor by a failure to elect, and they appoint one 
who qualifies, his acts in making an assessment as a de facto officer will be valid 
until he is ousted by a proper proceeding for that purpose. The People v. Lieb, 85 
Ill. R., 484. Assessors may act upon their own knowledge and judgment in fixing 
the value of property, and it is not essential to the validity of an assessment that 
they should hear evidence as to its value. St. L., V. & T. H. R. R. Co. v. Surrell, 
98 ill. R., 535. 

The statute gives an appeal from the action of the assessor to the town board 
of review, and again to the county board, and a party must avail himself of these 
means to remedy any grievance in the assessment of his property. Felsenthal v. 
Johnson, 104 Ill. R., 21. On an application to have taxes refunded on the ground that 
the land was not subject to taxation, the county board may well refuse to have 
the same refunded where they have not reasonable grounds to be satisfied that the 
property is not liable to taxation. Champaign Co. v. Reed, 100 Ill. R., 304. A 
county board has no power to make an abatement in taxes legally assessed. Mad¬ 
ison Co. v Smith, 95 Ill. R., 328. If any material increase is made by a county 
board in the aggregate amount of all the towns, in equalizing the valuation between 
the different towns, beyond what is actually necessary or incidental, it is without 
authority and void. Kimball v. Merchants’ Saving and Trust Co., 89 Ill. R., 611. 

The State Board of Equalization has power to increase the valuation of railroad 
property returned by the officers of the corporation, without first hearing evidence 
impeaching the return. St. L. V. & T, H. R. R. Co. v. Surrell, 88 Ill. R., 535. The 
State Board of Equalization should assess railroad track and rolling stock of railway 
companies in this State, and an assessment of such property by the local assessor is 
void, C. & A. R. R. Co. v. The People, 98 Ill. R., p. 350. A railway company can not 

be heard to object because the board of equalization has failed to assess the value 

of the road beds under the rails. Including bridges, embankments and culverts 
of all railroads in the State as tangible property. C. B. & Q. R. R. Co. v. Siders, 

88 Ill. R., 320. The distribution of the taxable property of a railroad among the 



GENERAL NOTES. 


778 


counties through which the road runs, is a mere ministerial act, and may be done 
by the secretary of the board of equalization after the adjournment of the board. 
Wilson v. Weber, 96 Ill. R., 454. 

A tax for State purposes is not void, in whole or in part, because the rate per 
cent fixed by the governor and certified by the auditor will produce a larger amount 
than is authorized by law to be levied. Edwards v. The People, 88 Ill. R., 340; 
Union Trust Co. v. Weber, 96 111. R., 346. Any certificate by the town clerk, no 
matter in what form of words, which gives the board of supervisors to understand 
definitely what amount of taxes is required to be levied for town expenses, is suffi¬ 
cient. Gage v. Bailey, 102 Ill. R., 11. 

Lands are liable to back taxes, interest, penalty and costs, under H 135 § 129 
of the Revenue law, when they have been forfeited to the State, whether the for¬ 
feiture was in due form or not. Belleville Nail Co. v. The People, 98 Ill. R., 399. 

A warrant is indispensable to the power of a collector to levy and distrain for 
taxes, and it is essential to the creation of a lien on the personal property of the 
person charged with taxes. Ream v. Stone, 102 Ill. R., 359. The tax book and war¬ 
rant should not be delivered to the town collector until he has given bond and taken 
the oath of office. Leib v. Henderson, 91 Ill. R., 282. Where a county clerk delivers 
the assessor’s book and blanks to one appointed to the office of assessor, and who 
is possessed of the proper evidence of such appointment, he has discharged his duty, 
and cannot be compelled to deliver the same to another person claiming the same 
office by election. The People v. Leib, 85 Ill. R., 484. The want of a clause in the 
collector’s warrant authorizing him to distrain for taxes, does not render the warrant 
void. Union Trust Co. v. Weber, 96 Ill. R., 346. 

The statutory lien of the bond of a collector of taxes attaches to all the lands 
owned by the principal at the time of the approval of the bond, and also to after- 
acquired lands. Crawford v. Richeson, 101 Ill. R., 351. 

A notice of sale of property for taxes described the property, which was bulky, 
as standing on a certain fractional quarter section, and that the sale would be at 

R. in W. county, and the evidence showed that the quarter section named in the 

notice was in the town of R. Held, that the reasonable understanding from the 
notice was that the sale was to be at the place in R. where the property was stand¬ 
ing. Lyle v. Jacques, 101 Ill. R., 644. 

The statute making the collector’s report to the county court on application for 
judgment against the lands for taxes, prima facie evidence that all the requirements 

of the law have been complied with, is not unconstitutional. Burbank v. The Peo¬ 

ple, 90 Ill. R., 554. 

The statute requiring the payment of one per cent a month on unpaid taxes 
after May first, is constitutional. This statute does no apply, however, to taxes 
of 1878 and prior years. The People v. Peacock, 98 Ill. R., 172. 

The statute requiring the delinquent list to be filed five days before the term of 
court at which application is to be made, is directory merely and a literal compli¬ 
ance is not essential to the jurisdiction of the court. Liendecker v. The People, 
98 Ill. R., 21. A description of the land in a notice of sale for taxes served upon 
the occupant, describing the property as "Lot 5, lot 23, in Carpenter’s Addition,” 
etc., instead of "Lot 5, in block 23,” is sufficient. Garrick v. Chamberlain, 97 Ill. 
R., 620. Application for judgment against deliquent lands for State and county 
taxes is required to be made at the May term of the county court, but in respect 
to special assessments levied by a city or town, organized under the general incor¬ 
poration law, the city council may appoint the term of court at which such appli¬ 
cation may be made. Leindecker v. The People, 98 Ill. R., 21. On application for 
judgment against lands for taxes, proof that the lands were assessed for more than 
they would sell for is not admissible. English v. The People, 96 Ill. R., 566. As 
municipal corporations can levy no taxes unless the power be plainly and unmis¬ 
takably conferred, it devolves upon the People, in an application for judgment on 
a city tax, to show that such tax has the sanction of law for its support. English 
v. The People, 96 Ill. R., 566. 

In proceedings for judgment for taxes, the collector’s return fills the place of a 
declaration and judgment cannot be rendered thereon for matters not embraced in 
its allegations. Mann v. The People, 102 Ill. R.. 346. The making and filing of the 
delinquent list, with description of the property, and the publication of notice of 
the application, are essential to give the court jurisdiction in an application for 
Judgment for taxes. The People v. Dragstran, 100 Ill. R., 286. Any defect in, or 
even want of notice, of an application for judgment against lands for taxes, is 
obviated by the appearance of the taxpayer and contesting the tax on its merits. 
Hale v. The People, 87 Ill. R., 72. No judgment for taxes can be rendered against 
property so imperfectly described in the assessment as not to be capable of location. 
The People v. C. & A. R. R. Co., 96 Ill. R., 369. On application for judgment against 
delinquent lands for taxes, the court has no power to reduce the assessment for 
over-valuation. If property is assessed too high, the owner should apply under 
the 86th or 97th section of the Revenue Act to have the assessment corrected. The 
People v. Big Muddy Iron Co., 89 Ill. R., 116. 

A judgment in the county court for taxes is not conclusive upon the owner of 
the liability of the land for the taxes assessed, where he does not appear and contest 
the application for Judgment, and he may still contest the legality of the tax in 
another proceeding. Gage v. Bailey, 102 Ill. R., 11. The land owner by appearing 
and urging general objections to application for Judgment for taxes, waives objec- 



FENCES—REVENUE. 


779 


tions as to the sufficiency of the notice for application. But such an appearance does 
not change the proceeding into one in personam. Where the error in proceedings 
against land for taxes is such that a judgment is a nullity and void, error may be 
assigned on such judgment although no objection was made or exception taken in 
the county court. The People v. Dragstran, 100 Ill. R., 286. A person not the owner 
or not having any interest in the land, has no right to object to judgment against 
the same for taxes, unless he appears as agent or attorney of the person interested. 
Hosmer v. The People, 96 Ill. R., 58. 

Where land has become forfeited to the State for non-payment of taxes, a county 
board has no power to set the forfeiture aside. Neither has such board power to 
make an abatement of taxes legally assessed, extended and placed in due course of 
collection. If a party is aggrieved by an over-assessment he should apply to the 
board of review to have it corrected, or to the July session of the board under the 
97th section of the Revenue Law. Madison Co. v. Smith, 95 Ill. R., 3228. 

A purchaser of land at a tax sale by one whose duty it was to pay the taxes, 
will operate as a payment of the taxes only, and the purchaser will not be permitted 
to acquire any title by such purchase. Lewis v. Ward, 99 Ill. R., 525. A municipal 
corporation has no power to purchose lands at a tax sale and acquire title by com¬ 
plying with the statute in regard to such sales. City of Champaign v. Harmon, 
98 Ill. R., 491. 


If a judgment for taxes may be inquired into on a bill in chancery, and it may be 
shown that part of the taxes included in the judgment is illegal, the owner should 
be allowed to redeem from the sale by paying the redemption money allowed by the 
statute had the judgment and sale been for the proper amount of taxes. Gage v 
Busse, 102 Ill. R., 592. The county clerk is the proper person to receive the re¬ 
demption money, and it is his duty to inform the owner seeking to redeem of the 
correct amount to be paid for that purpose, and if the clerk misinforms him as to 
the amount required, and fails to require the payment of taxes subsequent to the 
sale, a court of equity will protect the owner upon his payment of such subsequent 
taxes, notwithstanding the land may have been again sold for such taxes. Payne 
v. Newcomb, 100 Ill. R., 611. 


A notice of tax sale upon a person occupying the lands sold, is sufficient although 
such occupant is not the owner. Garrick v. Chamberlain, 97 Ill. R., 620. It is not 
necessary that service of the notice of a tax sale should be had on the premises, but 
it may as well be made elsewhere. Gage v. Bailey, 102 Ill. R., 11. 

The fact that several lots were included in one certificate of purchase, affords 
no evidence that they were not sold separately and in consecutive order. The sale 
and redemption book used by the collector in making the sale affords the only 
evidence as to the manner in which lots have been sold. Gage v. Bailey, 102 Ill. 
R., 11. A part owner of land seeking relief from a forfeiture of his land for taxes, 
for a refusal to pay upon the whole tract should show by his petition the distinct 
part of the tract of which he claims to be owner. Madison Co. v. Smith, 95 Ill. 
R., 328. 

A mere taxation of property imposes no personal liability upon the owner. Re¬ 
sort can be had for the collection of the tax only to the thing taxed. Craw v. 
Village of Tolono, 96 Ill. R., 255. Although property may become forfeited for taxes 
at a time when a particular person is owner, yet if the taxes were assessed for prior 
years, when he was not the owner of the property, there can be no personal liability 
on him to pay the tax. Biggins v. The People, 96 Ill. R., 381. 


A recovery of a personal judgment against the owner of real estate for taxes, 
does not discharge the lien on the real estate. The People v. Stahl, 101 Ill. R., 346. 
The failure to return taxes assessed against railroad property as deliquent will not 
affect the rights of the State or municipalities. The tax becomes a lien from the 
first day of May and the lien continues until it is paid. Union Trust Co. v. Weber, 
96 Ill. R., 346. The taking a mortgage upon real estate charged with a subsisting 
lien for back taxes not brought forw’ard or extended, will not operate to discharge 
such taxes or release the lien of the same. Union Trust Co. v. Weber, 96 Ill. R., 346. 
A court of chancery has no jurisdiction to enforce the lien upon real estate given 
by the statute for taxes; such lien can be enforced only in the mode pointed out in 
the statute. The People v. Biggins, 96 Ill. R., 4 81. A tax on the capital stock and 
franchise of a corporation becomes no lien upon the real estate of the corporation 
until made so by the collector taking the proper steps to make it such. Belleville 
Nail Co7 v. The People, 98 Ill. R., 399. Taxes assessed upon real property become 
not only a debt against the owner, which may be recovered in a personal action, 
but also a charge upon that particular -tract of land and no other tract. Binkert v. 
Wabash R’y Co., 98 Ill. R., 205. 

Taxes assessed upon real property become a lien upon such property from and 
including the first of May in the year they are levied until paid. Binkert v. Wabash 
R’v Co 98 Ill R., 205. It is not essential to the lien given by law for taxes, that 
an^ctual levy should be made within the year. It may, by authority of the legis¬ 
lature be made in subsequent years. Fairfield v. The People, 94 Ill. R., 244 The 
Hen on the personal property tor taxes created by the warrant it not perfected by a 
Ipw will be lost after the return of the warrant. Ream v. Stone, 10^, Ill. R., 350. 
The’mere assessment of taxes upon personal property will not create a lien upon the 
nroDertv The warrant for the collection of taxes becomes a lien from the time it 
comes fo the officer’s hands. Gaar, Scott & Co. v. Hurd, 29 Ill. R., 315; Binkert v. 

R’v Co 98 Ill R 205. Back taxes are not a lien upon personal property 
Sui Se collector's book? with a warrant are placed in his hands. Ream v. Stone. 
102 Ill. R., 359. 



780 


GENERAL NOTES. 


A failure to complete an assessment, or to return the same in the time re- 

tire of the tax. will not be considered. Law v. The People, 87 ill. it., dso. iniu - 
and informalities in the assessment levy, and collection of taxes, not affecting 
substantial justice of the tax, present no grounds to defeat its collection. Edwa d 
V. The People, 88 Ill. R., 340. . 

The collection of a tax should never be enjoined exce Pj n ^ er t e a xed * 0 ? the^tax 
noon nronertv exempt from taxation, or where it is doubly taxed, or tne tax 
^"evieS wUhout^ wa?rant 5 law, or by persons having no power to make a levy, 
nr in cases of fraud in making the valuation. Union trust Co. v. Webei, 96 Ill. R.» 
•34 6 Tlie want of perfect equality in taxation is no ground to defeat a judgment 
lor tales Edwards v The People, 88 111. R., 340. A court of equity will entertain 

a bill to restrain a tax fraudulently assessed, but not tor a meie exces ^ e collfection 

and irregularity in the assessment. Gage v. Evans, 90 Ill. R., t>69. lne collect on 

of a ta# properly levied will not be enjoined because^ there may be a threat to 

use the money for an illegal purpose, when collected. Town of Lemont \. binger & 

Talcott Stone^Co., 98 Ill. R., 94. A bill to enjoin the collection of a tax which fails 
lo show an Iquitkble excuse for not applying to the town board of review or county 
board for relief, is bad on demurrer. Johnson v. Roberts, 10- Ill. R., 65o. A 
failure to certify a school tax by the directors, by the day named in the statute, 

doe^ not invalidate the tax. Moore v. Fessenbeck, 88 Ill. R., 422. On a bill to enjoin 

the collection of a portion of a tax on the ground it is illegal, there must be a 
tender of the amount admitted to be legal. Johnson v. Roberts, 10- Ill. R., 6->5. 
The listing or assessing of railroad property in a wrong name as owner, forms no 
ground for enjoining the collection of the tax. Property is liable to pay a tax 
without reference to its ownership. Union Trust Co. v. Weber, 9G Ill. R., 34G. Wheie 
the proceedings to establish a high school are regular and in conformity to a. \alid 
law, the levy and collection of a tax to maintain such school will not be enjoined. 
Richards v. Raymond, 92 Ill. R., 612. The fact that school directors may have lost 
or squandered part of the funds raised from the sale of bonds issued to build a school 
house, is no ground for enjoining the collection of a tax levied to pay interest on 

such bonds. Town of Lemont v. Singer & Talcott Stone Co., 98 Ill. R., 94. A 

foreign corporation can not interfere by bill to enjoin the collection of taxes legally 
or illegally assessed against a domestic corporation, unless the former will be injur¬ 
iously affected by the collection of such taxes. Archer v. T. H. & I. R. R. Co., 102 
Ill. R., 493. A municipal corporation can not maintain a bill to restrain the col¬ 
lection of a tax levied on property within its limits to pay bonds of the corporation, 
although they are illegal. Only taxpayers can complain of such tax. City of 
Waverly v. Auditor of Public Accounts, 100 Ill. R., 354. Courts cannot convert 
themselves into assessors of property for purposes of taxation, and re-assess in every 
case where an assessor has erred in judgment as to the value of property, and the 
collection of a tax will not be enjoined merely because of an erroneous judgment as 
to the value of property. Traders Ins. Co. v. Farwell, 102 Ill. R., 413. A tax 
levied to pay municipal certificates issued in excess of the constitutional limitation 
of indebtedness, is illegal. Law v. The People, 87 Ill. R., 385. A city tax levied 
upon an assessment made under a law after its repeal, and not in accordance with 
the law in force at the time, is invalid. Burbank v. The People, 90 Ill. R., 554. 
A city tax levied to pay bonds issued in aid of a private manufacturing company 
can not be enforced, as such bonds are void. English v. The People, 96 Ill. R., 566. 
Where bonds have been issued by a township to a railroad company under a vote at 
an election held without authority of law, neither the State nor the local officers 
have authority to cause a tax to be levied for the payment of such bonds, and 
they may be enjoined from attempting to do so. Rutz v. Calhoun Co., 100 Iil. R., 392. 
Where the indebtedness of a city exceeds the constitutional limitation of five per 
centum, the levy and collection of a tax for the purpose of paying an additional 
indebtedness incurred before such levy, in violation of the constitution, will be en¬ 
joined. Howell v. City of Peoria, 90 Ill. R., 104. 

ELECTIONS. 


An election held by persons who are officers de facto is not void. Lippincott v. 
Town of Pana, 92 Ill. R., 24. Under the law for the incorporation of cities and 
villages, that on petition of one-eighth of the legal voters of a city or village, the 
mayor and city council shall submit the question of incorporation under the general 
law to a vote, and appoint a time and place for the election, the mayor alone had 
no right to call such election. Stephens v. The People 89 Ill. R., 337. It is essential 
to the validity of an election that it be held at the time and in the place provided 
by law. Where the time and place of an election are fixed by law, it has been held 
that an omission to give the proper notice of the election will not vitiate an election 
held on the day appointed by law; but where the law fixes no time or place, 
leaving the same to be determined by some authority named in the statute after 
the happening of some condition precedent, the election must be called and held 
at the time and place fixed by the authority designated by law, and none other. 
Stephens v. The People, 89 Ill. R., 337. Where an election -was required to be 
conducted the same as general elections, having three judges of election and two 
clerks, was held by one acting in the capacity of moderator of a town meeting, 
with but one clerk, it is absolutely void. Lippincott v. Town of Pana, 92 Ill. R., 24’. 
Mere irregularities in conducting an election and counting the votes, not proceeding 
from any wrongful intent, which deprive no legal voter of his vote and do not 





ELECTIONS. 


781 


change the result, will not vitiate the election. Hodge v. Linn, 100 Ill. R., 397 - se e 
also Bacon v. Malzacher, 102 Ill. R., 663. 

A vote for a candidate on a separate slip of paper folded within the numbered 
ballot deposited, but not attached to it, is properly rejected. Webster v. Gilmore, 
91 Ill. R„ 324. A ballot once deposited in the ballot-box will be presumed to be a 
legal vote until there is evidence to the contrary. Clark v. Robinson, 88 Ill. R., 498. 
Where it is shown the ballots have been improperly handled by the contestant out 
of the presence of the other party or of the election officers, rendering it possible 
for them to be tampered with, the ballots will not prevail as evidence over the 
result as shown by the poll books, tally lists and certificate of the canvass by the 
election officers, Kingery v. Berry, 94 Ill. R., 515. 

The returns of an election consist of the certificate of the officers conducting the 
same, entered on the poll books, together with a list of voters, and one of the 
tally lists, all of which are to be carefully enveloped, sealed and delivered to the 
county clerk. The People v. Powell, 91 Ill. R., 525. Returns of town elections should 
be authenticated by the judges and clerks of elections in the manner indicated in 
§ 61 of the general election law. Where the judges and clerks of election have neg¬ 
lected to sign their names to the statements or certificates of the result, they may 
be permitted to do so at any time before the board of canvassers have completed 
their canvass; and where the only defect in the returns of an election was that the 
statements or certificate was not signed by the judges and clerks of election, it was 
held that the canvassers had no right to act upon such returns without an amend¬ 
ment thereto by adding the signatures of the judges and clerks of elections. The 
People v. Nordheim, 99 Ill. R., 553. The canvassing board of an election must 
determine for itself whether the papers transmitted are, within the meaning of the 

law, returns of an election. The People v. Nordheim, 99 Ill. R., 553. 

A person who has been laboring under some kind of illusion or hallucination, but 
not so as to incapacitate him for the general management of business, w'hich illu¬ 
sion or hallucination does not extend to political matters, cannot be, denied the 
privilege of the election franchise on the ground of a want of mental capacity. 
Clark v. Robinson, 88 Ill., 498. The constitutional provision as to residence of a 
voter means that he shall have a permanent residence in the State, county, town 

and precinct where he offers to vote. Johnson v. The People, 94 Ill. R., 505. A 

pauper remaining at the county poor house, sent there from another township, does 
not acquire a residence in the township where the poor house is located so as to 
entitle him to vote in the latter township. Clark v. Robinson, 88 Ill. R., 498. 

The ballot of an unregistered voter, received by the judges of election on his 
affidavit, w r ill not be rejected because the other proof of his qualification was made 
by a person not a householder and registered voter. Clark v. Robinson, 88 Ill. R., 
498. On the contest of an election, it is error to reject the vote of an unregistered 
person whose vote was received without challenge or objection, without proof 
showing that he was not entitled to vote. Kuykendall v. Harker, 89 Ill. R., 126. 
In a contested election where the proof showed that persons of foreign birth voted 
who had only made declarations of their intention to become citizens, it was held 
that their votes should hot be counted. Clark v. Robinson, 88 Ill. R., 498. Where 
an election board permits a person to vote, that creates a prima facie presumption 
of his right to vote, which must be overcome by proof, on a contest of election. 
Webster v. Gilmore, 91 Ill. R., 324. There is no authority for rejecting a numbered 
ballot because it was folded with one which was not numbered. Clark v. Robinson, 
88 Ill. R., 498. A vote should not be rejected because it was not personally given 
by the voter, but was handed from the voter to the judges by a third person, the 
ballot being all the time in sight of the judges of election. Clark v. Robinson, 8 s 
Ill. R., 4 98. A ballot with the names of two persons on it, one written and the 
other printed, with the office voted for erased, cannot be counted for either person. 
Clark v. Robinson, 88 Ill. R., 498. Ballots cast for “E. Clark” and “Clark,” counted 
for “E. E. Clark;” so ballots cast for “W. E. Robes,” “Robertson,” “W. E. ^phers, 
and “Robin” counted for “William E. Robinson.” Clark v. Robinson, 88 Ill. R., 498. 
A bet on the result of an election is illegal and void. Petillon v. Hippie, 90 Ill. 
R., 420. 

“The first section of the official voting Act, approved .Tune 22, 1891. excepts from 
its operation trustees cf schools, school directors and members of boards of © - 

tion. Notwithstanding this fact, the proposition for or against the establishment 
a township high-school is a ‘public measure,’ within the meaning of § i«, 

construed in Union County v. Ussery, 147 Ill., 204. But, no provision is maae m 
the Act for printing and distributing the ballots for school elections, and 11 ’ 

therefore, clear that the legislature, by providing for the printing and uistriDUti g 
of ballots 'for all elections to which this Act applies,* intended that it should 
apply to school elections. This intention is made still clearer by § 29 of the scno 
law, which provides that the proposition for or against a high-school may d 
printed on the same ballot with the names of candidates for trustees. Althougn 
the proposition to establish a high-school may be a public measure, there appear 
to be a clear intention of the legislature that it shall be voted on under the scnooi 
law, and not under the official ballot law.” 160 Ill., 557. 

“If you wish to vote for candidates named in each list put your vote-mark in the 
square before the name of every candidate you wish to vote for, being careful 
not to vote for more than fourteen. If you mark more than that number, none 
of your votes will be counted. If you mark less than that number, your vote will 
be counted only for every candidate so marked.” 

“If you mark a cross in the circle at the top of one list and another cross in 



782 


GENERAL NOTES. 


the square before the name of any candidate in another list your vote will be 
counted for that one candidate only.” 

From these instructions it is plainly seen that no elector should use the party 
vote-mark unless he intends to surrender his personal liberty of election wholly to 
“the machine.” The individual vote-mark (in the quadrangle before the name of 
every candidate, whether in one or another list, for whom the elector intends to 
vote), alone gives liberty of personal choice without risk of loss of votes. 

Within almost a century since Illinois became a member of our national union, 
no enactment by its legislative organ has given cause for so many judicial decisions 
as have been rendered by the State’s supreme court alone in cases produced by this 
mongrelized Australian voting law since its enactment. The subjoined citations are 
from those of chief importance to electors as well as to officials charged with the 
conduct of election. 

“Every legal voter has a right to vote for a candidate of his own selection, and 
if his name is not printed on the official voting-paper, the voter may write it in 
some blank space on any list of candidates thereon, making a cross in the square 
before the name.” 197 Ill., 432. 

“If one of the lists of candidates has a blank space thereon (the nominee having 
withdrawn), a voter may write in the name of his candidate In such space and 
mark a cross in the circle at the head of such list, in which case his vote should 
be counted for all candidates named in such list, those whose names are printed 
as well as the one whose name is written.” 197 Ill., 432. 

“If a voter desires to vote for a person whose name is not on the ticket ha 
may write the name of the candidate of his choice in a blank space on the ticket 
and make a cross opposite thereto, but he has no right to substitute for such 
method the pasting of a slip of paper, containing the name of his candidate over the 
name of some other candidate. Ballots prepared by pasting a slip of paper, with a 
name printed thereon, over the name of a candidate printed on the ticket are invalid, 
and can not be counted for any candidate thereon.” 196 Ill., 99. 

“The rule that an elector should not be deprived of his right to vote by mere 
inadvertance, mistake or ignorance, if an honest intention can be ascertained from 
his voting-paper, is not changed by the official ballot Act, the 26th section of which 
expressly rejects the paper if the voter marks more names than there are persons 
to be elected to an office; or if, for any reason, it is impossible to determine his 
choice for any office to be filled.” 158 Ill., 609. 

“The requirement of the law that the voting-paper be marked by a cross, *In 
the appropriate margin or place opposite to the name,’ is directory, and the voter’s 
intention should be given effect if it can be ascertained from his marking with due 
regard to the requirement of secrecy.” 158 Ill., 609. 

“The use of a mark that furnishes means of avoiding secrecy requires rejection 
of the voting-paper, and this although the law contains no direct prohibition of dis¬ 
tinguishing marks. An honest attempt to obey the directions of the law must 
appear in order to permit the votes marked to be counted.” 158 Ill., 609. 

“Writing a word at the head of a list of candidates; making a single mark 

through the circle or the square; making any irregular character, not being any 

form of a cross, in the circle, or in any square; making a cross opposite to a 
name, but outside of the square; signing the name (or initials) of the voter on the 
voting-paper; or if any mark or character is used that serves the purpose of indi¬ 
cating the voter who used it, thereby furnishing to designing persons the means 
of evading the law as to secrecy, the voting-paper should be rejected.” 158 Ill., 609. 

“Erasure of the names of candidates by pencil marks drawn through them 
does not necessarily constitute a distinguishing mark which requires rejection of the 
voting-paper as to other candidates.” 158 Ill., 609. 

“Marking a voting-paper by a cross in the circle at the head of two lists of 

candidates will not prevent a vote being counted for a candidate named on one 

list for an office for which no candidate is named on the other list; although no vote 
can be counted for any candidate for an office for which the name of a candidate 
appears in both lists.” 158 Ill., 609. 

“A mark on a voting-paper which manifestly is not an attempt to make a cross 
of any kind is cause for rejection of such voting-paper.” 158 Ill., 609. 

“A voting-paper marked with a cross in the circle at the head of one ticket, 
and the other tickets are erased by drawing lines through them, should not be 
counted, such erasure being equivalent to a distinguishing mark.” 192 Ill., 58. 

“Where a voting-paper is marked in the circle at the head of each of two 
tickets, and in the square before the names of certain candidates, the vote can be 
counted only for the particular candidates so marked. A mark in the circle of two 
tickets neutralizes each, and is equivalent to a mark in neither.” 192 Ill., 58. 

"The ballot delivered by the judges of election to the voter must be prepared 
by him individually after he enters the booth—excepting in case of an illiterate voter 
—and he must prepare it uninfluenced by being furnished with ‘tickets’ or ‘pasters.’ ” 
172 Ill., 426. 

“A voter may deliver his vote for the candidate of his choice, although the 
name of such candidate is not printed on the official voting-paper; but in such 
case the name must be written in a blank space on the voting paper and a cross 
marked opposite thereto.” 172 Ill., 426. 

“A voting-paper marked only by pencil erasures of all the names on one list of 
didates can not be counted.” 168 Ill., 649. 



783 


ROADS AND BRIDGES. 


A cross at the right of the name of a candidate, between it and the square 
opposite the name of an opposing candidate, does not sufficiently show the voter’s 
intention in order to permit his vote to be counted for either.” 158 Ill., 649. 

“Where a number of voting-papers have a cross in the circle at the head of one 
list of candidates and the name of a candidate written in a blank space on such 
list, the absence of a cross in the square before such candidate’s name does not 
constitute a distinguishing mark. . . . The distinguishing mark which is 
prohibited by the statute is such a mark as will seperate and identify the particular 
voting-paper from others.” 197 Ill., 432. 

“Keeping the voting-papers, after they have been sealed as required by the 
statute, in an unlocked bureau drawer in the township clerk’s dwelling, it appearing 
that the seal had not been broken and that the voting-papers had not been tam¬ 
pered with, does not prevent them from being the best evidence of the result of the 
election as against the return of the election judg«».” 158 Ill., 609. 

“Ballots properly preserved are the best evidence of the result, and want of 
care for their preservation destroys their force as evidence.” 159 Ill., 127. 

COUNTIES. 

County boards have not the power to consolidate several towns into one, except 
upon proper petition and submission of the question to the voters of the several 
towns, as provided by the statute. The People v. Brayton, 94 Ill. R., 341. The county 
board has no authority to relieve a county officer from his duty to make regular 
reports of his receipts from the fees of his office, or from his duty to pay into the 
county treasury the excess of such receipts over his fixed salary, by any contract 
with the officer in respect to the expenses of his office. Briscoe v. Clark County, 95 
Ill. R., 309. The officers or official agents of a county have no power to issue com¬ 
mercial paper without express legislation therefor. The People v. Johnson, 100 
Ill. R., 537. 

Where a board of supervisors made an appropriation to aid in the construction 
of a bridge, having previously rescinded a resolution that orders should not be is¬ 
sued in fractions in discharge of such appropriation, the rescinding of the reso¬ 
lution was held by implication to sanction the issuing of orders in small amounts 
In discharge of the appropriation. Board of Sup’rs v. Sage, 89 Ill. R., 265. A county 
board having authority to contract for the repair of a court house, and not being 
restricted as to the amount or mode of payment, may issue interest bearing orders 
therefor. County of Jackson v. Rendleman, 100 Ill. R., 397. A county board cannot 
allow or pay interest on common county orders issued for current county expenses. 
Hall v. Jackson County, 95 Ill. R., 352. A county order does not possess the qualities 
of commercial paper so as to cut off equities of the corporation when in the hands 
of an assignee. But an assignment of a county order is valid to pass the legal 
title of the payee, so as to enable the assignee to sue in his own name. The 
loss of such an order, even though indorsed in blank, will not affect the right of 
the payee to payment of his debt. The People v. Hurd, 100 Ill. R., 537. It is error 
to render a judgment for costs against a county. The People v. Emigh, 100 Ill. 
R., 517. 

ANIMALS. 

Under the stock law of 1874 an election may be held at any general election, or 
every such election until the result shall be against cattle running at large, not¬ 
withstanding a previous vote allowing them to run at large. But after a vote 
requiring domestic animals to be kept up by their owners, no other vote upon that 
subject is allowed until after the expiration of five years. Vogt v. Dunley, 97 
Ill. R., 424. 

The owner of domestic animals, such as dogs, horses and oxen, not naturally 
inclined to mischief, is not liable for an injury committed by them to the person 
or personal property of another, unless it be shown such owner previously had 
notice of the animal’s propensity to mischief, or that the injury is attributable to 
some other neglect on his part. Mareau v. Vanatta, 88 Ill. R., 132. 

ROADS AND BRIDGES. 


A person who prosecuted a petition to alter a road over his land before the 
commissioners of highways, and was present at every step taken, will not be 
allowed by certiorari, to question the legality of the proceeding, in case the decision 
is adverse to him. If he acts in the matter as though the proceeding was in con¬ 
formity to the law, he will be bound by his acts, and estopped from questioning its 

legality or regularity. A party seeking the alteration of a road over his land, by 

appearing before the commissioners of highways at their meeting to determine 
whether to grant the application, and is heard by them, admits that proper notice 
of the time and place of the hearing was given, and he will, thereafter, be estopped 
from denying the same. Where a party appears at the time and place fixed for the 
hearing by the supervisors, of an appeal from the highway commissioners, and obtains 
a continuance of the time of the hearing, and on the day to which the same was 
continued he and the other parties appear, and are heard until the final conclusion 
is reached he will be estopped from urging afterward that sufficient notice of the 
anDeal was not given. Where highway commissioners recite, in their order denying 

the prayer of a petitioner to alter a road, that they met at the time and place 




784 


GENERAL NOTES. 


named in the notice of the hearing, that will be sufficient evidence that proper notice 
was given. The statute does not require the supervisors on an appeal from an order 
of the highway commissioners, on granting a continuance of the hearing of the 
appeal, to make proclamation of the continuance or postponement. All persons 
having an interest are presumed to be present, and to take notice of the adjourn¬ 
ments of the supervisors. The statute does not require the supervisors, to whom an 
appeal is taken from an order of the highway commissioners to announce their 
decision within twenty days from their first meeting. It fixes no time in which their 
decision shall be reached and announced. It is sufficient if the report of the 
supervisors shall be filed with the town clerk within ten days after it has been 

made. Board of Supervisors v. Magoon, 109 Ill. R., 143. 

Where a person who takes an appeal from the decision of the commissioners of 
highways appears and contests the matter in controversy at every step, without mak¬ 
ing any objections to the proceedings before the commissioners, so as to afford an 
opportunity to obviate the same by amendment, he cannot take advantage of such 
objection, made for the first time on trial of the appeal. Huston et al. v. Clark 

et al., 112 Ill. R., 344; Blake v. The People, etc., 109 Ill. R., 504. 

The commissioners of highways refused to grant the prayer of a petition for the 
laying out of a highway, and their order was filed in the town clerk’s office, where¬ 
upon a party interested appealed from the decision of the commissioners, by filing, 
as he claimed, the necessary papers before a justice of the peace. The latter 
selected and summoned three supervisors to hear the appeal, who made a preliminary 
order granting the prayer of the petition, then filed with the justice a certificate 
asking for a jury to assess damages. The justice issued a venire for a jury, and 
fixed a day for the trial, when a common law writ of certiorari was served upon 
him: Held, that the writ could bring nothing before the court except the petition 
for the appeal, the appeal bond and the certificate asking for a jury, these being 
the only papers required to be filed before the justice, and that as no court could de¬ 
cide, from these alone, the legality of the proceedings, the writ was properly dismissed. 
The writ should not have been sued out until the proceedings were completed, and 
the papers filed with the town clerk. Gerdes v. Champion, 108 Ill. R., 137. 

While the commissioners of highways, by the statute, may make such changes 
between the termini of the road specified in the petition, as the convenience and 
interest of the public, in their judgment, may require, yet they have no right to 
change either terminus of the road, and if they do so, the proceedings will be 
quashed on certiorari. It is not the office of a common law writ of certiorari to 
afford the complaining party an opportunity of having his case retried, but the object 
of the writ is to have the proceedings in the inferior tribunal quashed and annulled 
altogether. Deer v. Commissioners of Highways, 109 Ill. R., 379. 

Under the road laws in force in 1853 the county court, upon the return to it of 
the viewers report, with a plat showing courses and distances, was required to fix 
the width of a public road in the order establishing the same, and enter the same on 
record. The statute did not of itself fix the width of the road. It was simply 
directory, that the court should determine that matter. Where the county court, in 
its order establishing a public road, failed to fix the width of the same, and it 
appeared that such road was opened, traveled and worked upon only the width of 
40 feet for many years, when the commissioners of highways threatened and were 
preparing to open the road four rods wide through the premises of a person com¬ 
plaining against the same, it was held, that the opening of such road beyond the 
width of 40 feet was properly enjoined on bill in equity. Commissioners of Highways 
v. Harrison, 108 Ill. R., 398. 

The public traveled over certain premises as they would over a public street in 
a city, from 1850, or earlier, until in 1866 or 1867, when the owner of the land 
closed the travel by fencing up the street, during which time there was a line 
showing the travel, and the lines of gutters were or had been marked by plowing 
furrows and scraping the earth to the middle of the street, some of which work was 
done by the municipal authorities, it appearing that at the time of such travel the 
premises were vacant and unoccupied, and there were but few houses or other 
improvements in the vicinity: Held, that the facts would not justify an inference 
of a public street by dedication, or estop the owner from denying a dedication. 
Herhold et al. v. City of Chicago, 108 Ill. R., 467. 

“Section 13 of the highways law requires that the commissioners, on their semi¬ 
annual meeting the first Tuesday in September, ‘determine what per cent of taxation 
shall be levied on property in the township for road and bridge purposes and for the 
payment of any outstanding orders drawn by them on their treasurer.’ ” 

“A road and bridge tax levied by the highway commission at a place and time 
different from the place and time prescribed by the statute, is illegal.” 193 Ill. R., 504. 

“In making a levy, the commissioners of highways can act only in the manner 
and at the time specified in the statute. They must exercise the powers conferred 
on them by the law as they are given, or their acts will be nugatory. But (in this 
case) the record of the highway commission shows that a meeting was had on the 
first Tuesday in September, as the law requires, and the matter of fixing the road 
tax was brought up; but, as one of the commissioners was absent, the meeting was 
adjourned for final action to the 13th of September. The commissioners having met 
on the day specified in the statute, we do not think it was an abuse of power to 
defer action by adjournment to a. specified day and resume the business which had 
been commenced at the time prescribed by the statutes.” 127 Ill. 22. 



ROADS AND BRIDGES. 


785 


“But in the case at bar, no meeting of the commissioners was held on the first 
Tuesday in September, but the first meeting of the commissioners to fix the rate 
and levy the road and bridge tax was held a week after the day fixed by the statute. 
Their action is therefore void.” 201 Ill., 351. 

The certificate by the commission to the board of auditors and the assessor 
of the necessity for a greater levy must be given in writing, and it ought to contain 
a statement of the contingency that causes the need of a greater levy. 

“A verbal statement by highway commissioners to said board that an additional 
levy is needed is not a compliance with the statute requiring the commissioners to 
certify the same to the board of auditors and assessor.” And, “consent by the board 
of auditors and assessor to an additional levy of road tax, given without a certificate 
in writing from the highway commissioners that in their opinion such additional 
levy is needed is insufficient to authorize a valid levy.” 200 Ill., 237. 

The consent of this board to the greater levy should also be given in writing, 
and should specify the purpose for which the additional levy is allowed. 

“Jurisdiction of the person of a resident land owner in a proceeding to assess 
damages to the owners of lands over which a road is to be established cannot, 
under a proper construction of § 43, road and bridge Act, be had by delivering a copy 
of the notice to the occupant of the land, and by posting notice, etc., as in the case 
of nonresident owners.” 193 Ill. R., 304. 

The final order of the highway commission to establish, to change the course 
of, to widen or to vacate a public highway, is an instrument of supreme importance. 
“If the sole reliance for the establishment of a public highway is placed on the 
final order of the highway commission, the sufficiency of such order depends on the 
recitals and directions contained therein. While the presumptions are in favor of the 
various steps preliminary to the entry of an order establishing, altering or vacating 
a road, yet if the recitals and orders omit any essential element, and such omission 
is not supplied by the papers relative to the antecedent proceedings, such order does 
not establish the existence of the road.” 194 Ill., 355. 

So, also, of the order to vacate a highway. “Where an abandonment of the 
prescriptive right acquired by the public to a highway is relied on, it must be clearly 
proven that all use of it as a public highway has ceased for a sufficient length of time 
to indicate the intention to abandon, and proof of transient or partial nonuser will 
not suffice.” 194 Ill., 355. 

And in order to establish a way by prescription, “the use of the way must have 
been adverse, exclusive, continuous, and uninterrupted for a period of twenty years, 
and with the knowledge of the owner of the land over which the way is claimed. 
To create the presumption of a grant of a right of way, the circumstances attending 
its use must be such as to make it appear that it was established for the benefit of 
the claimant, or that it was accompanied by a claim of right or by such acts as 
manifested an intention to enjoy it without regard to the wishes of the owner, and 
that it has not been regarded by the parties merely as a license, revocable at the 
pleasure of the owner.” 196 Ill., 226. 

In a subsequent case—People ex rel. Yoder v. Highway Commission, 188 Ill., 150— 
the supreme court again held that: “If an order made by highway commissioners 
is reversed by the three supervisors on appeal, the commissioners may institute 
proceedings for a writ of certiorari to have the action of the supervisors reviewed.” 
195 Ill., 43. 

"If highway commissioners deny a petition to open a new road, one who owns 
• land not adjoining the proposed road has no right of appeal, and an order of 
supervisors entered on his appeal is a nullity.” 195 Ill., 43. 

“The petition and order of the commissioners for laying out a highway determine 
its location, and the commissioners have no authority to open it except on the line 
established.” 172 Ill., 415. 




PARLIAMENTARY LAW 


OR, RULES OF ORDER FOR DELIBERATIVE ASSEMBLIES, 
ESPECIALLY USEFUL FOR TOWN MEETINGS AND 
BOARDS OF SUPERVISORS. 


Parliamentary Law consists of rules which are recognized as governing 
proceedings in deliberative assemblies. It is so called from the rules of order 
existing from long established usage in the Parliament of England. The 
Legislative Assemblies of the several States, and the legislative branch of the 
general government of the United States, being formed upon the principle 
of the English Parliament, have adopted the like rules for their government, 
and by general custom in this country, these rules are recognized in all 
deliberative assemblies. Legislative assemblies, however, for the purpose 
of certainty, generally adopt by express vote, the rules of parliamentary law, 
as expounded by some particular writer on the subject, qualified as cir¬ 
cumstances may demand, by various rules of their own. 

A deliberative assembly is a congregation or convention of persons for 
the consideration of matters in which all are concerned. 

Public Meetings .—In many of the States of the Union, counties are 
divided into several districts called towns or townships, the inhabitants thereof 
becoming a body corporate. The law provides for stated meetings of the 
electors, called town meetings, for the consideration of town affairs. In 
the absence of any provision to the contrary, these assemblies conduct their 
proceedings according to the rules of parliamentary law.* 

Public meetings by voluntary assent are of daily occurrence. These 
meetings are sometimes convened at the instance of committees appointed 
for that purpose; and are frequently convened at the request of citizens 
who desire such meeting, on public notice, either by hand-bill notices posted, 
or by notice in a newspaper. 

Organisation of Public Meetings .—The first business at a public meet¬ 
ing is its organization. This is effected by choosing a presiding officer to 
keep order, and a secretary to record the proceedings of the meeting, after 
which it is competent for the meeting to choose such other officers as may 
be deemed necessary. In case the meeting is composed of a very large 
number of persons, the presiding officer is called president; if not he is 
usually styled chairman of the meeting. 

When the people have assembled, and the hour of meeting arrives, the 
meeting should be called to order. In case the meeting has been convened 
at the instance of a committee, the chairman or person first named on the 
committee should call the meeting to order. In case it was convened at the 
instance of citizens, the first named on the list should assume this duty, 
otherwise, the proper person for this purpose, would be the mayor of the city, 
or principal public officer, or most prominent person present. 

The person calling the meeting to order should take such position in 
the room as to command the attention of the audience, and announce as 
follows: “Gentlemen, the hour at which this meeting is to convene having 
arrived, it is proposed that we proceed to organize; I therefore nominate 
Mr. A. B. as chairman.” The nomination being seconded, he proceeds: 
“Gentlemen, those who are in favor of such nomination, will say ‘aye’; 


♦Boards of supervisors, as constituted by the laws of Illinois, are deliberative 
assemblies, and their proceedings are conducted according to general parliamentary 
rules. 


786 





PARLIAMENTARY LAW. 


787 


those opposed will say ‘no’. ” The vote being taken, if carried in the affirma¬ 
tive, he will say, “It is carried,” or “It is agreed to; Mr. A. B. is chosen 
chairman of this meeting; will he please come forward and take the chair ?” 

If the meeting is deemed one of importance so that the position of 
chairman would be deemed one of considerable honor, it is customary for 
the presiding officer to return thanks to the meeting for the honor con¬ 
ferred ; this he will do on taking the chair. 

As every deliberative body should have a secretary, the chairman will 
say, “Gentlemen, the first business in order will be the election of a secre¬ 
tary.” If no other person moves, the person who called the meeting to 
order should also nominate a secretary; but any person present may make 
such nomination. 

The secretary being chosen, the further business will be directed by the 
meeting. If the meeting is called for some particular purpose, it is proper 
in selecting a chairman to choose some person best acquainted with the 
object of the meeting; if this is the case, the chairman should proceed after 
the election of secretary, and state the object of the meeting. If not, he 
should say, “The chair is not fully advised as to the object of this meeting. 
It will be proper that the object of the meeting be stated by some person 
to whom it is best known.” It will be generally understood who this person 
is, and a motion may be made calling on him for that purpose, or he may 
be called out by several voices. 

It will be proper for the meeting to choose one or more vice-presidents, 
and one or more assistant secretaries. This is done where the meeting is 
large—generally as a means of manifesting the importance of the occasion. 
They will also choose such committees as may be deemed necessary. 

When an assembly is composed of delegates chosen by and representing 
others, the organization is, in the first instance, considered temporary, upon 
which measures are taken to ascertain who are members; this is usually 
done by the appointment of a committee to examine the credentials of those 
claiming to be members, and to report accordingly. 

Until this is done there is a presumption that all present who assume to 
take part in the assembly, are entitled to do so, as it is supposed that no 
gentleman would be guilty of imposition in this respect. At the time of 
appointing the committee on credentials, it is customary also to appoint a 
committee to report the names of persons for permanent officers of the 
assembly or convention. 

After the report of the committee on credentials is adopted, the assembly, 
on motion of some member, proceeds to the election of permanent officers. 
If the names of candidates have been recommended by a committee, the adop¬ 
tion of their report is regarded as making choice of the persons they have 
recommended. In the case of an assembly composed of delegates, unless 
it is an important occasion, it is not customary for the temporary chair¬ 
man to return thanks to the convention, or to allude to the object of the 
meeting; he simply acts as moderator for the time being, for the purpose of 
organization. 

It is proper that the permanent chairman, or president, on assuming his 
duties, should express his thanks for the honor conferred upon him, and state 
in general terms the object of convening the assembly. 

In case the assembly or convention of delegates is small, it is customary 
to consider the temporary organization as permanent from the beginning. 

When the organization of the meeting is completed by the election of 
officers, the chairman should announce, “The meeting is now fully organ¬ 
ized, and ready to proceed to business.” If no motion is made or busi¬ 
ness presented, it is proper for the chairman to say, “What is the pleasure 



788 


APPENDIX. 


of the meeting?” And at any time when there is no business before the 
meeting, and there is no indication of presenting anything, the chairman 
should announce, “Gentlemen, there is no question before the meeting; 
what is your further pleasure?” 

Manner of presenting business .—Every member of a deliverative body, 
in the absence of express rule to the contrary, has the right to present propo¬ 
sitions for the action of the assembly. This is by a simple motion or by 
formal resolution. But where the object of the meeting is of a general 
nature, or where the subject does not seem to have been duly matured by 
any one present, it is customary to appoint a committee to prepare and report 
resolutions expressive of the sense of the meeting. When a member desires 
to present a proposition for the action of the assembly which is of impor¬ 
tance, it should properly be reduced to writing; such propositions are called 
resolutions, and commence thus: “ Resolved, That.” But a matter of less 

importance may be by a mere motion, which need not be in writing unless 
for purpose of certainty in conveying the ideas of the mover. 

Motions, and manner of proceeding. —A motion is simply a proposi¬ 
tion of a member, as his individual sentiments. If the proposition offered 
prevails, it is then adopted as the conclusion or sense df the assembly. 

But the proposition by a single member is not considered sufficient to 
claim attention from the assembly; it is therefore required that it shall be 
approved or seconded by one other member. This being done, the mover 
is entitled to have it put to the assembly. In general practice, however, all 
motions are presumed to be seconded, unless the point is made and found 
to be otherwise; in which case the presiding officer could not properly take 
notice of the motion. 

In general no proposition or question can be acted upon except on mo¬ 
tion of a member. The manner of proceeding is for the member to rise 
in his place, and say, “Mr. Chairman.” Before he can proceed it is expected 
that he will have the permission, or as it is termed, “recognition of the 
chair.” The chairman therefore responds: “The gentleman from,” naming 
the district from which he is a delegate, or, “the gentleman on my right,” 
or similar designations. The rule in deliberative assemblies being that no 
member shall be addressed or spoken of by his name where it can be 
avoided. The person offering the motion, being recognized by the chair, 
proceeds, “I move, sir, that,” stating his motion. The member desiring 
to second the motion should rise and say, “I second the motion.” Before 
any remarks upon the motion or proposition are in order, it must be stated 
by the chair. The chairman should say, “Gentlemen, it is moved that” 
(stating the substance of the motion). It is sometimes the practice for 
the chairman to say, “Gentlemen, you have heard the motion,” and then 
proceed to put the question. But this is improper; a motion is not the 
property of the assembly, or, in other words, not a subject before them, until 
it is stated by the chairman. 

When a motion is made and seconded, it becomes the property of the 
assembly, and cannot be withdrawn or modified by the mover except by leave 
of the assembly, on a motion made for that purpose. 

After the chairman has stated a motion, which he may do without rising, 
if no member interposes, he should proceed promptly to put the question 
to the assembly; this he does by rising, when he will say, “Gentleman, those 
in favor of the motion will say aw”—“those opposed will say no”. If it is 
decided in the affirmative, he will say, “The motion has prevailed,” or, “It 
is carried.” If it .is decided in the negative, he will say, “The motion is 
lost,” or, ‘It is decided in the negative.” 

After the vote has been declared by the presiding officer, it becomes 



PARLIAMENTARY LAW. 


789 


final. Sometimes, when the vote is nearly equal, it is difficult to determine 
which has prevailed. In such case the presiding officer should not hastily 
announce the vote. He should say, “The ayes seem to have it,” or, “The 
noes seem to have it,” as the vote may appear. If no member interposes, 
he may then proceed and declare the vote as it seems to him to be. 

But if any member doubts the vote as the chairman states that it seems 
to be, he may rise and call for a division of the house. This may be done, 
as the call indicates, by dividing the members of the assembly—by having 
those who vote in the affirmative stand on one side of the room, and those 
in the negative stand on the opposite side; or by the “up-lifted hand”—the 
latter is the most usual—or simply by rising. In either case the chairman 
will direct the secretary to count the votes on each side, and report to him 
the result. The most usual and satisfactory course is by rising. 

When a member calls for a division of the house, in the absence of any 
express rule made by the assembly on the subject, the presiding officer 
should proceed thus: “A division is called for; all those in favor of the 
motion will rise in their place, and stand until counted.” When those in 
the affirmative are counted, and the number is reported to the chairman, 
he will announce the number, and say, “All those opposed to the motion 
will in like manner rise and stand until counted,” which being done, the 
chairman announces the number, and declares the motion carried or lost 
according to the fact. It is perhaps the duty of the chairman to count the 
vote, but it is competent for him to direct the secretary to do so. 

In case any member desires it, ha may, at any time before the vote is 
declared by the chairman, call for the appointment of tellers to count and re¬ 
port the result of the vote, instead of leaving it to the chairman. This is 
done by the chairman on request of any member. It is customary to appoint 
one person from each side, or each party in the assembly. When a divi¬ 
sion is desired, it must be called for before the result has been finally de¬ 
clared by the chairman. After he has declared the vote, it is final, and a 
division cannot be called for. 

Motions in General. —When a motion is made which the members are 
inclined to meet by a direct vote, on the merits, it is put to the. assembly, 
either at once or after debate, and disposed of. But as propositions may 
strike different minds in different forms, it often occurs that the assembly, 
on motion of some member, will dispose of the question in some other 
manner; for this purpose there is a class of motions resorted to, called sub¬ 
sidiary motions, which may be entertained while the original or principal 
motion is pending, thus: 

1. The assembly may desire to suppress the proposition, either for a 
time or altogether. The proper subsidiary motions for this purpose are, the 
previous question and indefinite postponement. 

2. The assembly may be willing to consider the proposition, but not at 
that time. The usual motions in such case are, postponement to some 
future time, or to lie on the table. 

3. The form in which the proposition is submitted may be considered 
defective in some particular, a correction of which may require more de¬ 
liberate consideration than the assembly can conveniently bestow upon it. 
In such case the proper motion is to refer the proposition to a committee. 

4. The proposition of itself may be satisfactory, if changed or qualified 
in some particular. In this case the proper motion is to amend. 

The previous question .—The practice under this motion has not been 
uniform. In legislative assemblies it is generally regulated by rules pre¬ 
scribed; the usual course, however, in the absence of express rules, is this; 



790 


APPENDIX. 


When a member desires a vote to be taken on a proposition without fur¬ 
ther debate or delay, he moves the previous question, this being seconded, 
the presiding officer says, “The previous question is moved. Shall the main 
question be now put? Those in favor will say ‘aye/—those opposed will 
say ‘no.’” If carried in the affirmative, he will say, “The main question 
is ordered.” In this case the assembly must come to a direct vote on the 
main question, without debate, and no motion can be entertained to dispose 
of the question in any other manner; the main question is the original propo¬ 
sition, with pending amendments if any, each of which is to be disposed of 
in its proper order.* 

Indefinite postponement. —This motion is decided without debate. If 
in the affirmative it removes the question from before the assembly as 
effectually as if it had never been pending. A motion to postpone to a day 
beyond the sitting of the assembly is of the same effect as indefinite 
postponement. 

Motion to postpone. —When it is desired to consider a proposition at 
some future day, the proper motion is to postpone or lay on the table. In 
either case the subject may be taken up subsequently by a vote of the 
assembly. 

Motion to commit. —When it is desired to render a proposition more 
perfect before' consideration, it is usually done by referring it to a com¬ 
mittee. If there is a standing committee on that subject, the motion should 
be to refer to that committee. If not, then to a select committee. A mo¬ 
tion to refer to a select committee, and a standing committee, may be 
made and pending at the same time; in which case, the latter motion takes 
precedence, and should be first put to the question. A part or the whole of 
a subject may be referred, or portions may be referred to several different 
committees. 

Motions to Amend. —Amending a proposition is either by adding 
words, or taking words from it, or by transposition of words. This is 
accomplished under different modes of proceeding. Under this head may 
be classed the following: 

1. Filling blanks. —It often happens that propositions are introduced, 
leaving blanks to be filled by the assembly, either with times and numbers, 
or with provisions analogous to those of the proposition itself. In the 
latter case, blanks are filled in the same way that other amendments are 
made by the. insertion of words. In the former, propositions to fill blanks 
are not considered as amendments to the question, but as original motions, 
to be made and decided before the principal question. 

In case of blanks to be filled with time and number, motions may be 
made for that purpose, and the question taken on each by itself. Several 
motions for this purpose may be made and pending, before any of them 
are put to the question. The usual rule is to take the question, first, on the 
highest number, the largest sum, and the longest time. 

2. Striking out. —If an amendment is proposed by striking out a para¬ 
graph or certain words, and it is rejected, it cannot be again moved to strike 
out the same words, nor a part of them; but it may be moved to strike out 
the same words with others, or to strike out a part of the same words with 
others, provided it becomes thereby a different proposition. 

3. Amendment by inserting. —If an amendment is proposed by insert- 

*If the motion for the previous question is lost, or decided in the negative, the 
general rule is stated to be, that the main question is taken out of the assembly 
for the day, so that there is then nothing before it to postpone, commit or amend. 
Cushmg s Manual, § 175. But in Illinois the practice is that the main question is 
still pending as if no vote had been taken. 





PARLIAMENTARY LAW. 


791 


ing or adding a paragraph or words, and it is rejected, it cannot be again 
moved to insert the same words, or a part of them; but it may be moved 
to insert the same with others, or a part of the same words with others, 
if the coherence really make them different propositions. 

4. Striking out and inserting. —This combination of propositions may be 
divided by a vote of the assembly. When the proposition is divided, the 
nuestion is first to be taken on striking out; if that prevails, then on insert¬ 
ing; if the former is decided in the negative, the latter falls of course. 

5. Division of a proposition. —'Where a proposition is composed of two 
or more parts, which are susceptible of division into several questions, it is 
a compendious mode of amendment to divide the motion, if deemed advis¬ 
able, into separate questions, to be separately voted upon. This may be done 
by order of the assembly, on motion, as in other cases. 

The question as divided becomes a series of independent propositions. 
Assemblies sometimes provide by express rule for the division of a question 
on demand of a member. 

6. Amendment to an amendment. —Custom or usage has established a 
rule whereby a proposition may be entertained to amend an amendment, 
but there can be no amendment of an amendment to an amendment. 

Of the Order and Succession of Questions. —It is a general rule that 
where a proposition is pending before a deliberative assembly no other 
can be entertained until that is disposed of, unless it be either, first, a privi¬ 
leged question; secondly, an incidental question; or, thirdly, a subsidiary 
question or motion. 

1 . Privileged questions. —Question of this nature are: 1 , Mutions to 
adjourn. 2. Motions or questions relating to the rights and privileges of 
the assembly, or of its members individually. 3. Motions for the orders 
of the day. 

A motion to adjourn takes the place of all other questions whatever. 
It is not debatable, and ordinarily not susceptible of amendment. 

A motion to adjourn to a time fixed can be amended, by offering some 
other time, and is debatable. 

Questions of privilege come next in order, and take precedence of all 
other motions except that of adjournment. They are such as concern the 
rights and privileges of the assembly, or of its individual members. 

Orders of the day come thirdly in succession, under the head of privi¬ 
leged questions. When the consideration of a subject has been assigned for 
a particular day, by an order of the assembly, the matter so assigned is 
called the order of the day for that day. 

2. Incidental questions. —These are such as arise out of other ques¬ 
tions, consequently are to be decided before those which give rise to them. 
Of this nature are: 1 . Questions of order: 2. Motions for the reading of 
papers, etc.; 3. Leave to withdraw a motion; 4. Suspension of a rule; 5. 
Amendment of an amendment. 

Questions of order are those questions raised by any member as to a 
breach of any rule occurring. It is the privilege of any member to raise 
questions of order in such cases. 

Reading of papers brought before a deliberative assembly may be called 
for by any member who desires the reading. 

Withdrawal of motions is allowed on the part of the mover, by leave of 
the assembly, which is to be obtained by a vote on motion as in other cases. 

Suspension of a rule of the assembly may be granted by a vote thereof. 



792 


APPENDIX. 


This is usually obtained at the instance of a member to consider a propo¬ 
sition which would otherwise not be in order. 

Amendment of an amendment is allowable, as we have already seen; 
the amendment to the amendment must be first put. 

3. Subsidiary questions. —These, as before remarked, are those which 
relate to a principal motion. Subsidiary motions in common use are: To 
lie on the table; the previous question; postponement, either indefinitely 
or to a day certain; commitment and amendment. 

To lie on the table, is a motion usually resorted to in common prac¬ 
tice when the assembly desire to put a proposition aside without giving 
any expression upon its merits. It is not debatable nor susceptible of amend¬ 
ment. It takes precedence of and supersedes all other subsidiary motions. If 
decided in the affirmative, all motions or propositions connected with the 
principal question, are removed with it from before the assembly, until 
taken up by a vote thereof. 

The previous question stands in equal degree with all other subsidiary 
motions, except the motion to lie on the table. 

The motion to postpone is either indefinite, or to a time certain; and 
in both these forms, may be amended;—in the former by fixing a time cer¬ 
tain ; in the latter by substituting one time for another. The latter case is 
treated like filling blanks. 

A motion to commit, or recommit, may be amended by substitution of one 
kind of committee for another, or by enlarging or diminishing the number of 
the committee as proposed, or by instructions to the committee. It stands in 
the same degree with the previous question and postponement—but it takes 
precedence of a motion to amend. 

A motion to amend stands in the same degree only with the previous 
question and indefinite postponement, and neither, if first moved, is super¬ 
seded by the other. But it is liable to be superseded by a motion to post¬ 
pone to a day certain. It may also be superseded by a motion to commit. 

The following example is given to illustrate the successive order of 
questions: Suppose, first, a principal question is proposed, second, a motion 
is made to amend the principal question, third, a motion to commit, fourth, 
a question of order arises in the debate, which gives occasion to, fifth, a 
question of privilege, and sixth, a subsidiary motion, as to lie on the table. 
All these questions may be pending at the same time, and take rank in the 
order named. The regular course of proceeding requires the motion to 
lie on the table to be first put. If this is negatived, the question of privi¬ 
lege is then settled; after that comes the question of order, then the ques¬ 
tion of commitment; if that is negatived, the question of amendment is 
taken; and lastly, the main question. 

Of reconsideration .—A deliberative assembly may reconsider a vote 
already passed, whether affirmatively or negatively. For this purpose a mo¬ 
tion is made, as in other cases, that such a vote be reconsidered; if it pre¬ 
vails, the matter stands before, the assembly in precisely the same state and 
condition as if the vote reconsidered had never been passed. In the absence 
of any express rule of the assemblv, a motion to reconsider is made in the 
same manner as any other motion. 

Of committees.—The business of deliberative assemblies is facilitated 
by aid of committees; they are of three kinds, select committees, standing 
committees and committee of the whole. 

Select committees are those appointed to consider a particular subject. 




PARLIAMENTARY LAW. 


793 


Standing committees are those who are appointed to continue during 
the whole term of the assembly, to consider all matters of a certain char¬ 
acter named during the time. 

A committee of the whole is a committee comprising all the members 
of the assembly to consider any subject referred to them. 

Select and standing committees, in the absence of any express rule or 
vote of the assembly, are appointed by the presiding officer. When a 
motion is made for the appointment of a committee, the motion usually 
includes the number of which it is to consist. If no vote is taken as to the 
manner of appointment, the presiding officer should proceed to appoint. It 
will be unnecessary for him to inquire of the assembly as to how they 
will have the appointment made; the fact that they have given no expres¬ 
sion on the subject implies that the appointment shall be made by the chair. 

The person first named on a committee is considered the chairman; but 
in the absence of any rule to the contrary, the committee may make choice 
of some other person as chairman, if they desire to do so. 

When a committee have considered a proposition, they present the result 
to the assembly, which is called their report. It is usually in writing, and 
is announced to the assembly by the chairman, or some member of the 
committee selected for that purpose, who rising in his place, says, “Mr. 
President” [or Mr. Chairman, as the case may be 1 , “The committee to whom 
was referred the subject “of [stating the matter referred ], have had the 
same under consideration, and have “instructed me to report that "[here fol¬ 
lows the report ]. 

After the report is made, the proper motion is, on the reception of the 
report; but in practice the report is received without such motion, unless 
objection is made, in which case a formal vote is necessary. After the report 
is received, the committee are discharged without any action of the 
assembly. 

The report thereupon becomes the property of the assembly, and the 
question recurs on its adoption. The presiding officer will proceed and so 
state the question, without any formal motion being made. 

After a report is adopted, the recommendations of the committee become 
the sense of the assembly. 

Conclusion. —The foregoing is a brief summary of the general principles 
of parliamentary law for the regulation of proceedings in deliberative assem¬ 
blies. Limited spa*, does not admit of an extended treatise on the subject; 
but sufficient has doubtless been given for ordinary purposes. 

In conducting proceedings in deliberative assemblies, much depends upon 
the presiding officer. According to the popular idea of such a functionary, 
he becomes little more than a graven image, or fixed statue, when in fact 
he should be the most active man in the assembly. He should have his 
attention in all directions as much as possible, at the same time, and be 
quick to recognize any member who rises and addresses him. As soon as a 
motion is offered he should proceed promptly, without hesitation or delay, 
and state it, in a full and clear voice. If no. one rises to speak to it, he 
should proceed just as promptly to put the motion. It is no part of his duty 
to invite debate. 

An example of promptness and diligence on the part of the presiding 
officer gives spirit to the assembly, and business is conducted with more dis¬ 
patch and greater satisfaction. 




































* 
















INDEX. 


ANIMALS. 

Paga 


DOG AND SHEEP ACT. 416 

Assessors to make list. 416 

License fee . 416 

License fund . 417 

Payment not to bar action, when.. 417 
Proof of damages—Procedings be¬ 
fore supervisor—Record to be 

kept—When owner solvent. 418 

Form of Affidavit by Owner of 

Sheep . 419 

Witness fees—Repeal . 419 

Meaning of “Dog”. 419 

Form of record to be kept by su- 
• pervisor . 419 

IN RELATION TO DOMESTIC 

ANIMALS . 420 

Unlawful to run at large. 4 20 

What deemed a running at large. 420 
Pound—Poundmaster—Fees—Duties 420 
Poundmaster to enforce Act—Pen¬ 
alty . 421 

What counties or townships not af¬ 
fected by this Act. 4 21 

Repeal . 421 

ESTRAYS . 421 

When estrays may be taken up.... 4 21 
Who may not take up estrays...,. 422 
Not to use before advertising—Milk 422 

Several estrays . 422 

Notice of taking up. 422 

Recording notice with town clerk. 4 22 
Form of notice of taking up estray 
by householder. 422 

DISEASES AMONG SWINE. 423 

Suffering swine to run at large— 

Penalty . 423 

Hog Cholera—Duty of owner. 423 

Conveying diseased swine unlawful. 423 
Penalty . 423 

DOGS . 424 

Chasing sheep—Owner liable. 424 

When a dog may be killed. 424 

ANIMALS AND BIRD FERAE 
NATURAE . 424 

When made personal property. 424 

BOUNTY FOR KILLING CROWS, 

ETC. 425 

Bounty on crows and crows’ eggs— 
County board may allow bounty. 425 
Proof of Killing—Certificate of 

clerk . 425 

Form of Affidavit of Applicant tak¬ 
ing eggs of crows. 425 

Payment of bounties. 426 

Certificate of County Clerk for 
bounty for taking crows’ eggs 

from nests . 426 

Form of Affidavit of Applicant for 
Bounty for Killing Crows. 426 

Certificate to County Clerk for 
Bounty for Killing Crows. 426 


ANIMALS—Continued. 

Page 


BOUNTY FOR KILLING GROUND 

HOGS . 427 

Bounty on Ground Hogs—County 

board may allow bounty. 427 

Proof of Killing—Certificate of clerk 427 
Certificate to the County Clerk for 
Bounty for Killing Ground Hogs. 427 

Payment of bounties. 428 

Form of Ground Hog Bounty Affi¬ 
davit . 428 

APPENDIX . 786 


BRIDGES. 

See Roads and Bridges. 

COUNTIES. 


BOUNDARIES AND JURISDIC¬ 
TION . 696 

Boundaries . 696 

Jurisdiction over rivers. 696 

Jurisdiction over Lake Michigan... 696 

ALTERATION OF COUNTY LINES 696 
Petition to county board—Election 

ordered . 696 

Notice of election . 697 

Form of ballots—Effect of vote.... 697 

Restriction . 697 

Adjustment of debts. 697 

When territory released. 698 

When elections at discretion of 
county board . 698 

NEW COUNTIES . 698 

Petition to county board—Election. 699 
Certificate of result to Secretary of 
State—Notice to Governor—Elec¬ 
tion, etc. 699 

Justices, etc., continued in office.. 700 

Canvass and return of votes. 700 

Oath of office—Organized—Circuit 

court. 700 

Transfer of suits, etc., lien of 

judgments, etc. 700 

Adjustment of property and debts. 700 
Commissioner to copy records—Ap¬ 
pointment . 701 

Duty of such commissioner. 701 

Further duties—Evidence . 701 

Fixing County Seat. 702 

OF THE POWERS AND DUTIES 
OF COUNTIES AND COUNTY 

BOARDS . 702 

Corporate name of county. 702 

By whom corporate powers exer¬ 
cised . 703 

Powers of county. 703 

Powers of county boards. 70 4 

Duties of county board. 704 

Raising tax in addition to Consti¬ 
tutional limit. 706 

Issuing bonds and raising tax may 
be included. 707 


795 





































































796 


INDEX. 


COUNTIES—Continued. 


COUNTIES—Continued. 


Page 


Page 


Former deed, etc., confirmed. 707 

Contracts, etc.—Rights of county. . 707 

Suits—how prosecuted . 707 

Venue of suits by or against 

county . 708 

Jurors and witnesses. 708 

Duty of county board to prosecute 

and defend suit. 708 

How judgment against county 

paid . 708 

Auditing claims against county— 

Appeal . 709 

Summons . 709 

Transcript—Filing same . 709 

Form of affidavit of correctness 

of claim . 709 

Time of fixing compensation of 

county officers. 710 

Funds kept separate. 710 

Form of appeal bond to Circuit 
Court in appeal from decision 

of county board. 710 

Issuing county bonds. 711 

Neglect of duty. 711 

PROVISIONS SPECIALLY AP¬ 
PLICABLE TO THE BOARD 
OF COUNTY COMMISSIONERS 
IN COUNTIES NOT UNDER 
TOWNSHIP ORGANIZATION... 712 

Commission—Oath . 712 

Meetings . 712 

Chairman . 712 

Quorum—Chairman pro tern. 712 

County board successor to county 

court . 712 

Supervision of highways, etc. 713 

Administering oaths. 713 

Acts legalized . 713 


PROVISIONS SPECIALLY AP¬ 
PLICABLE TO THE BOARD 
OF SUPERVISORS IN COUN¬ 
TIES UNDER TOWNSHIP OR¬ 
GANIZATION . 713 


Appointments, etc., of physicians, 
etc., to be under provisions of 


section 61 . 729 

County clerk, clerk of the board 

and ex-officio comptroller. 730 

Powers and duty. 730 

Office of auditor created . 732 

Uniform system of books of account 

in county offices. 732 

Auditor to report to county board. . 732 

Access to books. 733 

Auditor may employ assistants.... 733 


UNITING COUNTIES 


733 


Uniting counties—Petition—Notice 

of election . 

Designation, etc. 

Form of ballot. 

Effect of vote . 

Canvassing votes . 

Returns—Proclamation by gover¬ 
nor . 

Officers to hold until expiration of 

term . 

Process, etc. 

County judges — Disposition of 

causes . 

Sheriff of petitioning county. 

Coroner . 

County treasurer . 

State’s attorney . 

Superintendent of schools. 

County board . 

Justices of the peace and con¬ 
stables . 

Death of officer of petitioning 

county . 

Town officers where counties under 

township organization, etc. 

Legislative and judicial apportion¬ 
ment to remain, etc. 

Transfer of causes. 

Debts, taxes, issuing bonds. 


734 

734 

734 

734 

735 

735 

735 

735 

736 

737 

737 

738 
738 

738 

739 

739 

739 

740 

740 

740 

741 


BOUNTY DEBT 


742 


Annual and regular meetings. 713 

Special meetings . 713 

Organization of county board. 714 

Certificates of election. 714 

Quorum—Majority vote . 714 

Form of report of committee. 714 

Open doors . 715 

Administering oaths . 715 

Appropriations for roads and 

bridges . 715 

Boundaries of towns—New towns, 

etc. 715 

Naming towns . 715 

Committee to approve official 
bonds . 716 


SPECIAL PROVISIONS APPLI¬ 
CABLE TO THE BOARD OF 
COUNTY COMMISSIONERS OF 
COOK COUNTY . 716 


r ui 


Fifteen county commissioners. 716 

President of board..... 716 

ancy in office of president. 717 

ms of office. 717 

fepeal . 717 

Powers and duties—Meetings... 717-729 


APPOINTMENT OF PHYSICIAN, 
ETC., FOR COUNTY. 729 


Counties may fund. . 742 

Bond to refund tax paid. 742 

Tax to pay principal and interest .743 

Bondg receivable for taxes. 743 

Bonds to show authority. 743 

REMOVAL OF OBSTRUCTIONS 
FROM WATER COURSES. 743 

Removal of obstructions from 
water courses . 74 3 


REMOVAL OF COUNTY SEATS.. 743 

Time of holding elections—Judges 744 
Notice—Petition —• Affidavit—Tra¬ 
verse of same. 74 4 

Hearing by county court. 744 

Petitioner to designate residence— 

Must be voter. 745 

Petition open to inspection. 745 

Contesting petition . 745 

Notice of filing petition. 745 

Hearing by court . 746 

Subpoenas . 747 

Precedence—Decision final . 747 

When circuit judge to attend.... 747 
Appointment of challengers—Their 

duties—Their votes . 7 47 

Voting . 748 





























































































INDEX, 


797 


COUNTIES—Continued. 


Page 


COUNTIES—Continued. 


Page 


No registration required. 748 

Poll books to be kept. 748 

Canvass of votes—Return. 74 8 

Qualification of voters. 748 

Swearing in vote—Penalties. 748 

Evidence of voters of county. 749 

Contesting election . 749 

Canvass of returns . 750 

Effect of vote . 750 

Neglect of duty—Penalty. 750 

COUNTY COURT DEFINED. 751 

County court defined. 751 


SITES FOR COUNTY BUIDDINGS 751 

Purchase of site for court house.. 751 
When land owned by board of 

education . 752 

Condemnation of land. 752 

Damages to whom paid. 752 

Emergency . 752 


BOARDS OF HEALTH IN COUN¬ 
TIES . 753 

How* created—Powers and duties. . 753 

Powers of . 754 

Refusal to obey rule of—Penalty.. 754 

Record to be kept. 754 

Fines paid to the treasury of the 

county . 754 

Compensation of members of 

board . 754 

Repeal . 754 


ENABLING COUNTY BOARDS TO 
ISSUE BONDS FOR PURPOSE 
OF PAYING OUTSTANDING 


INDEBTEDNESS . 755 

Outstanding claim against county 

excess, etc. 755 

Question of issuing bonds submitted 755 
When special election held—Notice 755 

Notices to be posted. 756 

Special elections conducted by 

whom . 756 

Form of vote . 756 

Bonds, how signed and counter¬ 
signed . 756 

Bonds, when payable—Interest... 756 

Sale of bonds . 756 

County clerk to give 15 days notice 
of time and place of receiving 

bids for . 756 

Publication of notice. 756 

Money for sale of bonds separate 

fund . 757 

Interest, how to be paid. 757 

Sinking fund for payment of prin¬ 
cipal . 757 

LEGALIZING COUNTY BONDS 
VOTED FOR COUNTY BUILD¬ 
INGS . 757 

Legalizing county bonds voted for 

county buildings . 757 

BURIAL OF INDIGENT OR 
FRIENDLESS UNION SOL¬ 
DIERS OR MARINES, ETC.... 757 
Appointment of person—Interment 757 

Expenses of burial—Funeral. 758 

County to pay expenses. 758 

Repeal . 758 

MAY ERECT MONUMENTS OR 
MEMORIAL BUILDINGS IN 
HONOR OF THE SOLDIERS 
AND SAILORS . 758 


How propositions submitted to vote 
of people. 758 

CLASSIFICATION OF COUNTIES 759 

Counties classified . 759 

RELIEF OF THE BLIND. 760 

County may contribute from char¬ 
ity fund toward support of blind 

person . 760 

What persons may receive aid.... 760 

Discretion of county commissioners 760 
Who not entitled to receive aid 

under this Act. 760 

Official “examiner of the blind’’ to 

be appointed . 761 

Duty of examiner. 761 

Registration of applicants—Fees.. 761 
Affidavit of applicant for benefit.. 761 

Duty of county clerk. 761 

Registry and yearly certification by 

county clerk . 761 

Duty of supervisor or county com¬ 
missioners to provide for pay¬ 
ment . 761 

Penalty for false affidavit. 762 

COUNTY BOARDS — EMPLOY¬ 
MENT OF STENOGRAPHERS. . 762 
Authority to employ and pay 

stenographers . 762 

Acts legalized . 762 

COUNTY BOARDS—FUNDS FOR 

COUNTY FAIR EXHIBITS. 762 

May appropriate funds for certain 
exhibits at' county fair. 762 

COUNTY AUDITOR IN CERTAIN 

COUNTIES . 763 

County Auditor—Office created in 

certain counties . 763 

Term of office. 763 

Nomination and election. 763 

Qualification and oath. 763 

Vacancy, how filled. 76 3 

Compensation . 763 

Office room . 763 

Duties . 763 

Repeal . 764 

COUNTY BOARDS—FUNDS FOR 

FARMERS’ INSTITUTES . 764 

Appropriations for county farmers’ 

institutes . 764 

No appropriation for more than 
$300 . 764 

COURT HOUSES — LEASE OF 

SPACE . 765 

Authority of county board to lease 

space in court houses. 765 

Emergency . 765 

APPROPRIATIONS FOR SOIL 
AND CROP IMPROVEMENT 
ASSOCIATIONS . 765 

County boards empowered to ap¬ 
propriate funds for improvement 
of general agricultural condi¬ 
tions . 765 

Limitation of amount of appro¬ 
priation . 765 

Report to county board. 766 

COUNTY CLERKS . 766 

Oath . 766 
















































































798 


INDEX. 


COUNTIES—Continued. 

Paga 


Bond—Form . 767 

Commission . 767 

Office at court house. 767 

Seal . 767 

Deputies . 767 

Principal clerk responsible. ........ 767 

Pro tern clerk in case of vacancy. 767 

Custody of records. 767 

General duties . 768 

COUNTY TREASURER . 769 

Oath . 769 

Bond—Form of . 769 

Commission . 770 

Duties of treasurer. 770 

Accounts to be kept . 770 

Free to inspection. 770 

County orders countersigned, etc.. 770 

Record of. 770 

Orders to be filled up and author¬ 
ized . 770 

When money may be paid. 770 

Report to county board . 771 

Report to be filed—Free to inspec¬ 
tion . 771 

Account—Settlement . 771 

Half-yearly settlements . 771 

Examination under oath. 771 

Refusal to account . 771 

Neglect of duty—Penalty . 772 

Defaulter—Misconduct in office— 
Cause for removal. 771 

DRAINS AND DITCHES. 

Commissioners of highways, drain¬ 
age commissioners and body 

politic . 216 

Town clerk; clerk of drainage com¬ 
missioners . 216 

Duties of clerk of drainage com¬ 
missioners . 216 

Drainage record to be kept. 216 

Supervisor of town to act as treas¬ 
urer of district. 217 

County treasurer, treasurer of spe¬ 
cial district . 217 

Bond of district treasurer. 217 

RIGHTS OF DRAINAGE. 217 

Band owners may drain in natural 

course . 217 

Form of District Drainage Treas¬ 
urer’s bond . 217 

Form of consent of commissioners 

to extend drain . 218 

Band owners seeking to drain 
through land of others, proceed¬ 
ing to acquire right. 218 

Jurisdiction of justice. 218 

Summons and its service. 218 

Hearing; finding; judgment; dam¬ 
ages . 219 

Form of summons to extend drain. 219 
Form of docket entry in case of 

constructing . 220 

Form of bond for costs in suit. 221 

Proceeding 1 after judgment. 220 

Right of entry, and duty to repair. 221 
Rights of drainage run with the 

land . 221 

Penalty, for unnecessary damage 

done . 221 

Prerequisite of suit; bond for costs 

and damages . 221 

Costs; witness fees. 221 

Plat of land to be drained to be 
filed . 222 


DRAINS AND DITCHES—Con¬ 
tinued. 

Pago 


Dismissal of suit, when. 222 

Record of plat and papers on drain¬ 
age record . 222 

Willful injury to drain; penalty.... 222 

COMBINED DRAINAGE . 223 

Petition, for system of combined 

drainage . 223 

Form of petition for combined 

drainage . 223 

Town clerk to file petition. 224 

Town clerk to issue and file notice 

of filing. 224 

Form of schedule of land. 224 

Form of notice . 225 

Meeting of drainage commissioners 225 
To ascertain as to jurisdiction.... 225 
Form of public notice of filing peti¬ 
tion . 225 

Form of affidavit as to signers of 

petition . 226 

Hearing on petition; adjournment.. 226 

Form of oath to witnesses. 226 

View of premises; survey and esti¬ 
mate . 227 

Form of finding by commissioners. 227 

Employment! of engineer . 227 

Adjourned meeting; proceedings at 228 
Record of proceedings at first meet¬ 
ing . 228 

Judgment by commissioners. 228 

Form of record at first meeting. . .. 229 

Style of district, by numbers. 229 

Form of finding by commissioners 

on petition . 229 

Boundaries of district to be fixed 

by commissioners . 229 

Effect of organization of drainage 

district . 230 

Election held on the second Satur¬ 
day of March of each year. 230 

Election of commissioners. 230 

Who entitled to vote at said elec¬ 
tion . 230 

Commissioners to appoint treasurer 232 
Form of record on first adjourned 

meeting . 232 

Form of finding by commissioners 
at second adjourned meeting.... 232 
Form of record of proceeding at 

second adjourned meeting. 233 

District organized; commissioners 

determine system . 233 

Tile drainage to be preferred. 234 

Engineer employed, when. 234 

Record of maps and papers in 

drainage record . 234 

Form of engineer’s report of sur¬ 
vey, etc. 234 

Right of way; how acquired. 234 

Right of way; effect of release of, 

and filing . 234 

Right of way; damages to some; 
equitable allowance to all own¬ 
ers . 235 

Form of agreement for right of 
way and release of damages.... 235 
Right of way; venire to assess 

damages . 235 

Right of way; proceeding by justice 

of peace . 236 

Notice to owners of assessment of 

damages . 236 

Form of notice of assessment of 
damages . 236 


























































































INDEX. 


790 


DRAINS AND DITCHES—Con¬ 
tinued. 


Page 


DRAINS AND 
tinued. 


DITCHES—Con- 


Page 


Service of notice of assessment of 

damages . 2 36 

Form of request for jury, assess¬ 
ment of damages . 236 

Form of venire for jury, assessment 

of damages . 237 

Form of verdict of jury, assessment 

of damages . 237 

Form of docket entry of justice, 

assessment of damages. 238 

Form of certificate to transcript... 238 
Right of way; challenges; trial.... 237 
Record of proceeding. 239 

SPECIAL. ASSESSMENT . 239 

Special assessment for benefits by 

classification of lands. 2 39 

Form of assessment for benefits by 

classification of lands. 239 

Classification of land, how made... 240 

Utilization of existing ditch. 240 

Allowance for use of existing ditch 240 
Notice of meeting for classification 

of lands . 240 

Service and proof thereof. 241 

Form of such notice. 241 

Hearing objections to classification 

and correction . 241 

Appeal to county court. 242 

Form of order confirming assess¬ 
ment ..... 242 

Form of appeal bond . 242 

Special jury summoned to hear ap¬ 
peals . 243 

May appeal to circuit court. 243 

Proceeding on appeal. 24 3 

Resolution to raise sum required.. 244 
Form of special assessment tax list 24 4 


APPEAL. TO COUNTY COURT.... 

Appeal to county court; by whom.. 

How tax may be paid. 

Tax, collection not delayed by ap¬ 
peal . 

Tax, may be payable by install¬ 
ments . 

Form of order to pay tax by in¬ 
stallments . 

Tax list to be filed; copy to treas¬ 
urer . 

Form of certificate to copy. 

District treasurer’s bond. 

Form of treasurer’s bond. 

Treasurer to keep account of 

moneys . 

Treasurer; receipts and payments 

by . 

Form of order on treasurer. 

Delinquent list—commissioners pur¬ 
chase ..._. 

Form of delinquent list. 

Certificate to delinquent list. 

Collector’s bond . 

Form of collector’s bond. 

Collection after delinquent list re¬ 
turned . 

Letting contracts to construct 

/I r'O ino pt p _ ....».. 

Notice of letting contract. 

Form of letting contract. 

Commissioners not to be interested 

in contracts . 

Credit to tax payer for work done. 
Allowance for right of way to be 
paid before entry . 


245 

245 
24 5 


245 


245 


245 


246 

246 

246 

246 

246 

246 

247 

247 

247 

248 
24S 

248 

24 S 

249 

249 

250 

250 

250 

250 


Money received used to defend 
suits, etc. 250 

GENERAL DUTIES OF COMMIS¬ 
SIONERS . 251 

Commissioners’ right of entry to 

survey . 251 

Penalty for preventing entry to 

survey . 251 

Highway may be used, when. 251 

Assessment against public or rail¬ 
road company . 251 

Form of notice to railroad co. to 

build bridge . 252 

Commissioners to make necessary 

bridges, etc. 252 

Default of railroad to construct 

bridges, etc. 252 

Repair and maintenance of drains, 

etc. 252 

Proceedings .252-253 

Enlargement of district. 264 

Sub-districts, formation and rights 

of.255-256 

Penalty, for willful injury to drain 257 

Form of complaint for injury to 

drain . 257 

Owner’s liability for damages by 

animals . 257 

Commissioners’ liability for failure 

to perform duty. 258 

Penalty for failure to perform duty 258 

Annual report of commissioners and 

treasurer . 258 

Form of report of commissioners. 

and treasurer . 259 

How drainage district may be dis¬ 
solved . 259 

Assessments . 259 

UNION DISTRICTS . 260 

Constituted when district in more 

than one town. 260 

Petition filed with clerk of town 

with most land. 260 

Proceedings as for combined sys¬ 
tem . 260 

Form of notice of appointment of 
commissioners . 262 

SPECIAL DISTRICT . 261 

How formed . 261 

Petition to county court. 261 

Bond, conditions of. 262 

Style of district. 262 

Notice of hearing on petition. 262 

Service of notice. 262 

Hearing—finding . 263 

Judgment . 263 

Commissioners appointed by court. 263 
Commissioners’ powers to examine, 

survey and report. 263 

Organization of district; when.... 264 

Judgment entered . 264 

Corporate powers of commissioners 264 
County clerk ex-officio clerk of 

commissioners . 265 

Notice to elect commissioners. 265 

Election of commissioners, when; 

how conducted; voters. 265 

Commissioner’s term of office. 265 

Annual meeting; when held. 265 

Commissioner’s oath . 266 

Commissioners appointed by 1 court, 
when -. 266 

























































































800 


INDEX. 


DRAINS AND DITCHES—Con¬ 
tinued. 


Page 


DRAINS AND DITCHES—Con¬ 
tinued. 


Page 


Commissioner’s qualifications . 266 

Commissioners to view lands; make 

survey, etc. 266 

Commissioners employ engineer.... 266 
Maps, etc., of system recorded in 

drainage record . 266 

Right of way, how acquired . 267 

Right of way, assessment of dam¬ 
ages, etc. 267 

Form of notice of assessment of 

damages . 267 

Service of notice of assessment of 

damages . 267 

Trials, challenge of jury, verdict.. 268 

Special assessment of benefits. 269 

Classification of lands for assess¬ 
ment . 269 

Notice for classification . 269 

Meeting for classification. 269 

Appeal from classification; how had 

and to whom... 270 

Classification confirmed; commis¬ 
sioners certify sum to be levied. 270 

Commissioners make tax list. 270 

Appeal therefrom . 270 

Levy inadequate, additional levy. . 271 
May be ordered paid in install¬ 
ments . 272 

Record of assessment in drain 

record . 271 

Bonds or notes issued may be re¬ 
newed . 273 

Extension of time to pay assess¬ 
ments . 273 

Time to pay may be extended on 

petition . 273 

Bonds issued to be recorded; pay¬ 
ment also . 274 

Bonds to be registered by state 

auditor . 274 

Auditor certify registration to 

county clerk . 275 

County clerk enter on tax list.... 275 
State to be custodian of tax, to col¬ 
lect tax and apply fund. 276 

Commissioners file statement of 

notes and bonds issued. 276 

County clerk extend tax to meet. . . 276 
County treasurer to be collector 

and treasurer of district . 277 

Bond of treasurer . 277 

Assessments lien on land; reme¬ 
dies . 277 

Compensation of officers . 278 

Fees, how paid . 279 

Construction of bridge over drain.. 279 

RIVER DISTRICTS . 279 

How organized; powers . 279 

DISTRICT BY USER. 280 


DISTRICT MAY ISSUE BONDS.. 284 

Commissioners may issue bonds... 284 

When bonds may issue . 284 

When bonds may be registered.... 285 

Duty of auditor. 285 

Amount which may be levied. 285 

State shall be custodian of the tax. 286 

ABATEMENT OF ASSESSMENTS 286 

"What petition shall state. 287 

Publication notice of. 287 

Who may appear. 287 

COUNTY DITCHES TO DRAIN 

SWAMP LANDS .288-292 

Public ditches or drains. 288 

Power of county board. 288 

Appointment of commissioners.... 288 
Commissioners to form districts.. 288 

Separate districts . 289 

Classification for taxation. 289 

Notice of classification . 289 

Review of classification. 289 

Meeting to hear objections. 289 

Finding of commissioners. 290 

Appeals from commissioners. 290 

Manner of appeal and to whom. . . . 290 

Power of board of appeal. 290 

Commissioners cause map to be 

made . 291 

Proceedings to be recorded. 291 

County board, appoint drainage 

commissioners . 291 

Corporate authority of district.... 291 

Rate of tax . 291 

Tax—how computed—separate fund 291 

Contract with other counties. 292 

Purpose of act . 292 

DISSOLUTION OF DRAINAGE 
DISTRICTS . 292 

How dissolved . 292 

Sale of property of dissolved dis¬ 
trict . 293 

PROTECTION. MAINTENANCE 
AND REPAIR OF DRAINS AND 

DITCHES . 293 

To require all persons owning land 

to clean streams. 293 

Penalty for failure to comply with 294 
Form of petition for dissolution of 293 

FOR AGRICULTURAL AND SAN¬ 
ITARY PURPOSES . 294 

Repeal certain sections . 294 

Certain actions legalized. 295 


Adjoining owners liable for repairs, 
etc. 280 

DISTRICT BY MUTUAL AGREE¬ 
MENT . 280 

Organized, how . 280 

Repealing clauses; saving clause. . 281 

DRAINS CONSTRUCTED BY LI¬ 
CENSE . 282 

By mutual benefit . 283 

Permission to connect with drain. 283 

Drains—filling up—consent . 283 

Act, how construed—parol license. 283 


PUMPING PLANTS—CONSTRUC¬ 
TION, MAINTENANCE AND 


OPERATION . 295 

Validation of former proceedings. . 298 
Repeals Act of 1905—Rights saved 298 

Emergency . 29S 

Pumping plants in districts having 

combined system of drains. 295 

Petition to county clerk. 296 

Notice of hearing on petition. 297 

Hearing on petition . 297 

Acquisition of right of way. 297 

Special assessment to be made. 297 

Apportionment for maintenance.... 297 
















































































INDEX. 


801 


DRAINS AND DITCHES—Con- 
tinued. 

Page 


TO ACQUIRE, MAINTAIN AND 
OPERATE DREDGE BOATS.... 298 
When commissioners may own and 

maintain dredge boats. 29S 

Emergency . 299 

PAYMENT OF ASSESSMENTS IN 

DRAINAGE DISTRICTS. 299 

Petition—what it contains. 299 

Time and place of hearing petition. 300 

Notice of filing petition. 300 

Evidence in support of petition.... 300 
Hearing—consent of owners of 

bonds and order . 301 

Effect of an assessment. 301 

Commissioners may borrow money, 

issue bonds, etc. 301 

Assessment roll . 302 

Treasurer to deliver release to 

owner . 302 

Release may be recorded. 302 

Emergency . 302 

MONEY TO BE' REFUNDED. 302 

Taxes to be refunded. 302 

Refusal to refund . 303 

Emergency . 303 

TO LEGALIZE DRAINAGE DIS¬ 
TRICTS AND ASSESSMENT OF 
BENEFITS . 303 

Legalizing districts. 303 

Legalizing and remitting assess¬ 
ments . 303 

LEGALIZING DRAINAGE DIS¬ 
TRICTS . 304 

Certain districts legalized. 30 4 

Certain special assessments legal¬ 
ized . 305 

Drainage district may purchase at 

sale . 305 

Rights of as purchaser. 305 

Emergency . 305 

LEVEES . 306 

Drainage commissioners may con¬ 
tract with railroad companies 
and grant right of way. 306 

DRAINS, DITCHES AND LEVEES 
FOR AGRICULTURAL, SANI¬ 
TARY AND MINING PURPOSES 306 

Drainage districts ... 308 

Organizing drainage district. 309 

Petition to be filed in county court. 309 

Proceedings . 309 

Notice of filing petition. 310 

Affidavit, where land owners are 

non-residents . 310 

Publication of notice . 310 

Jurisdiction of county court. 310 

Hearing of petition. 311 

Finding of court. 311 

Proceedings since May 20, 1907, de- ^ 

dared valid .. 312 

Commissioners—official oath . 312 

Chairman—secretary . 312 

Quorum .. 313 


Commissioners to examine land— 

report . 313 

Dismissal of proceedings. 314 

Surveys—profiles, etc., to be made 314 
Alteration of plans—boundaries.... 314 
Assessment of benefits. 315 


DRAINS AND DITCHES—Con¬ 
tinued. 

Pago 


Filing report . 316 

Court fix day for hearing. 316 

Confirmation of report. 316 

Modification . 316 

Form of order. 317 

Appeal of writ of error. 317 

Referring report—adjournment ... 316 

Order of confirmation. 317 

Commissioners to acquire right of 

way . 318 

Roll of assessment of benefits and 

damages . 318 

Filing of roll of assessments. 318 

Hearing before jury. 319 

Organization of jury . 319 

Examination of lands. 319 

Verdict of jury. 320 

Assessment for repairs . . . .. 321 

Assessment for benefits . 322 

Payment of assessment of benefits 

in installments .;. 323 

Annual amount of benefits due and 
payable on the first day of Sep¬ 
tember annually . 323 

May borrow money . 324 

Notes or bonds bearing six per cent 

interest . 324 

Certified copy of assessment deliv¬ 
ered to commissioners . 325 

Commissioners to have power to 
contract in the corporate name of 

district . 325 

Treasurer—bond . 325 

Duties—term of office—compensa¬ 
tion for services. 326 

Interest on installments. 326 

Bond of commissioners . 326 

Notice of assessment . 327 

Delinquent assessment—collector . . 328 

Act to be liberally construed. 328 

Payment before sale. 329 

Letting contracts . 329 

Commissioners to advertise for bids 329 
Suits, money to be used under di¬ 
rection of court . 330 

Additional assessments .. . . . 330 

Commissioners may borrow money. 331 

Payment of damages. 332 

Removal of commissioners. 333 

Vacancies . 333 

Commissioners’ report to court.... 333 
Pay of commissioners and clerk... 333 
Petition to be relieved of assess¬ 
ment . 334 

Commissioners may petition for 
abandonment before contract let. 335 

Entry upon lands. 336 

Drainage and levee districts may be 

taken, etc. 337 

Assessment book—drainage record. 337 
Proceedings of meetings recorded. 338 
Proceedings where costs do not ex¬ 
ceed $2,000. 338 

Proceedings before justice. 339 

Refusal of commissioner to per¬ 
form duty . 339 

No second tax—upper ditch bene¬ 
fited by lower ditch. 340 

Corporate authorities assessed for 

benefits and damages. 340 

Proceedings.340-341 

Commissioners to give notice to 
railroad company to construct or 
enlarge bridge or culvert, etc... 342 
Meaning of the word ditch—what 
Act includes . 342 


























































































802 


INDEX. 


DRAINS AND DITCHES—Con¬ 
tinued. 

Page 


Assessing lands benefited outside of 

district—proceedings . 34 3 

Constructing additional ditches— 

proceedings .344-345-346 

When assessment invalid as to one 
or more tracts—proceedings.... 347 
Proceedings to make assessments 

valid . 347 

Appointment of commissioners. 348 

Commissioners’ oath . 349 

Bonds—how attested . 349 

Certified statement thereon by 

clerk . 349 

When question of organizing drain¬ 
age district may be submitted to 

vote . 350 

Election, canvass—returns . 350 

Penalty for injuring drain. 351 

Liable for damages for injuring 

drain . 351 

Act construed . 351 

Repeal . 351 

Emergency . 352 

Drainage districts under this Act 

declared legally organized. 352 

Credit on assessment for work. 352 

How commissioners may sell or 

lease land. 352 

Real estate, when and how sold... 353 

To what this Act applies. 353 

Repeal—rights saved . 353 

Drainage districts formed by mu¬ 
tual agreement . 353 

Selection of three drainage com¬ 
missioners . 354 

Repeal . 414 

Emergency . 414 

DRAINAGE. 

ADJOINING DRAINAGE DIS¬ 
TRICTS—CONNECTION .355-360 

Connection with adjoining district 

authorized . 355 

District benefited liable for portion 

of cost of work, etc. 355 

Contracts to adjust amounts to be 

paid by each district. 356 

Approval of contract by county 

court .. 356 

Notices of hearing on approval of 

contract . 356 

Proceedings at hearing. 357 

Decision or judgment of court may 

be reviewed . 357 

Duty of commissioners where no 
contract made or contract dis¬ 
approved . 357 

Summons against district benefited 357 

Where heard . 357 

Practice as in cases at common law 357 
Court to determine sum and render 

judgment . 357 

What petitioning district need not 

prove . 358 

Set off by defendant. 358 

Report of annual benefits to court 358 

Hearing set by the court. 358 

Summons . 358 

Practice same as in common law 

cases . 358 

Court to determine amount of an¬ 
nual benefits . 358 

Judgment . 359 


DRAINAGE—Continued. 

. Page 

Order for collection of annual bene¬ 


fits from land owners. 359 

Payment of judgment.. . 359 

Suit against corporate authorities. 359 

Trial by jury. 359 

Venire . 359 

Limitation of action or pleading. . . 359 
Repeals Act of 1903—Rights saved 359 
Invalid portion not to affect valid 
portion . 360 

ADJOINING DRAINAGE DIS¬ 
TRICTS—JOINT WORKS . . . .360-362 

Joint systems authorized. 360 

Contract in writing. 360 

Petition to county court for ap¬ 
proval of contract. 361 

Notice of hearing. 361 

Hearing on contract. 361 

Measure of liability . 361 

Subsequent contract . 361 

Appeal to Supreme Court. 362 


ELECTIONS. 


ELECTORS OF PRESIDENT AND 
VICE-PRESIDENT OF UNITED 
STATES . 597 

For presidential electors, when held 597 
Canvass—returns—tie, how decided. 597 

Result published, etc. 598 

Governor to give certificate of. .. . 598 

Meeting of electors, mileage. 598 

Vacancy, how filled. 598 

TIME OF HOLDING ELECTIONS 
FOR CERTAIN OFFICERS. 599 

For representatives in congress, 

when held . 599 

Election of United States senator. 599 
Governor, lieutenant governor, sec¬ 
retary of state, auditor and at¬ 
torney general. 599 

Superintendent of public instruc¬ 
tion . 599 

State treasurer . 599 

Judges of supreme court. 600 

Clerk of supreme court. 600 

Judges of circuit court. 600 

Judges of superior court of Cook 

county .. 600 

Repeal—emergency . 600 

State senators . 600 

Members of the house of repre¬ 
sentatives . 601 

Of county judges and county clubs 601 

Sheriffs and coroners. 601 

Clerks of the circuit court. 601 

Clerk of superior court of Cook 

county . 601 

Clerk of criminal court of Cook 

county . 601 

County treasurer ex-officio assessor. 602 

County treasurers . 602 

County surveyors . 602 

County superintendents of schools. 602 

State’s attorneys . 602 

State board of equalization. 602 

Recorder of deeds in certain coun¬ 
ties . 603 

County commissioners . 603 

ELECTION PRECINCTS . 603 

In counties under and not under 

township organization . 60 3 

May be changed, when. 603 
























































































INDEX. 


803 


ELECTIONS—Continued 


Change of election precincts. 


divide, etc. 


Qualifications of judges. 

JUDGES AND CLERKS. 

Judges—How appointed in coun¬ 
ties not under township organ¬ 
ization . 605 

In counties under township organi¬ 
zation . 607 

Notice of appointment . 60S 

Term of office. 609 

Vacancies filled . 609 

Clerks of election. 609 

OATHS OF JUDG’ES AND CLERKS 

OF ELECTION . 609 

Oath . 609 

By whom administered. 609 

BALLOT BOXES AND POLL 
BOOKS . 610 

Ballot boxes. 610 

Judges to keep ballot boxes, etc.. 610 
Blanks, poll books, etc. 610 

CONSTABLES APPOINTED TO 
ATTEND ELECTIONS—ORDER. 610 

County board, or judges, may ap¬ 
point . 610 

Special constable . 610 

Compensation of constable. 610 

Suppressing riot, etc.—Arrest. 611 

NOTICE OF ELECTION. 611 

Manner of giving notice. 611 

Sheriff or supervisor to post. 611 

CONDUCTING ELECTIONS—RE¬ 
TURNS . 612 

Time of opening and closing polls 612 

Proclamation . 613 

Ballot box publicly exhibited, etc. 

—Ballot box to be locked—Keys 613 

Poll lists—How kept . 613 

Ballots . 613 

Form of ballot . 613 

Form of cumulative ballot . 613 

Manner of receiving and deposit¬ 
ing ballot .*. 614 

No adjournment or recess. 614 

Clerks of election. 614 

Irregular ballots . 615 

Ballots strung and returned. 615 

When destroyed . 615 

Examination of ballot in contested 

election . 616 

Form of return. 616 

Returns to be made to county 

clerk . 616 

Canvass, etc. 617 

Requirements as to lists forwarded 

to Secretary of State. 617 

Compensation of judges and clerks 618 
Challengers . 618 

618 


ELECTIONS—Continued 


Page 


Page 

. 604 
. 604 

. 604 

Affidavit of qualification . 

Affidavit of witness . 

Who may administer oath. 

Convicts—Disqualifications . 

. 620 

. 621 

. 621 

. 621 

. 604 
. 605 

CANVASSING VOTES—CERTIFI 
CATE OF ELECTION. 

. 621 

. 605 

Canvassing votes—Abstracts .... 
Certificates of election. 

. 622 
. 623 


QUALIFICATION OF VOTERS- 

Who may vote. 

Residence . 

When inmates of poor houses, asy¬ 
lums, etc., may vote. 

Inmates of Soldiers’ and Sailors’ 
homes . 


61S 

619 

620 
620 


Tie vote . 624 

Drawing lots—Certificates. 624 

Compensation of judges and clerks 624 
Abstract sent to Secretary of State 624 

How abstracts sent. 625 

Canvass by Secretary of State, etc. 625 

Commission by the Governor. 625 

Proclamation . 625 

OFFENSES AND PENALTIES.... 626 

Liquor . 626 

False swearing . 626 

Illegal voting . 626 

Other offenses. 627 

Receiving, requesting, etc., bribe, 

etc.—Upon second offense. 627 

Disorderly conduct . 628 

Betting on election. 628 

Offenses of judge of election. 629 

When judge or clerk ascertains or 

discloses vote . 630 

When other person ascertains or 

discloses vote . 630 

Neglect of duty by clerk. 630 

Failure to deliver poll books, etc. 630 

Neglect by county clerk. 630 

Fraud in canvassing, etc. 631 

Carrying away, defacing, etc., poll 

books, etc. 631 

Refusal of supervisor, etc., to act 
—Penalty . 631 

CONTESTING ELECTIONS . 631 

When legislature to hear. 632 

Senators and representatives. 632 

By Circuit court . 632 

By Circuit courts, and in Cook 
county also by the Superior court 632 

By County court . 633 

Election of state officers—Petition 

of contestant . 633 

Joint committee to take testi¬ 
mony . 633 

Powers of joint committee. 633 

Notice . 633 

Testimony . 633 

Report of committee—Hearing— 

Decision . 633 

Who may contest senator or rep¬ 
resentative . 633 

Notice of contest . 634 

Testimony—How taken . 634 

Power of officer taking testimony 634 
Deposition, etc., to be sent to Sec¬ 
retary of State. 634 

Delivery of notice of contest, etc. 

—Duty of presiding officer. 635 

Rights of either house saved. 635 

Who may contest election of other 

officers . 635 

Contestant to file statement, etc... 635 

Summons . 635 

Evidence . 636 

Trial . 636 

Other elections contested. 636 

When elector may defend for 

county . 636 

Judgment . 636 



































































































804 


INDEX 


ELECTIONS—Continued. 

Page 


Tie . 636 

Certified copy of judgment. 637 

When election adjudged void. 637 

Appeal . 637 

RESIGNATIONS AND VACANCIES. 637 

Of elective officers. 637 

When office becomes vacant. 637 

Who may determine when vacancy 

exists . 638 

Vacancy in office of Governor and 

Lieutenant Governor. 638 

Vacancy in other State offices.... 638 
Vacancy in office of Senator or 

Representative . 638 

Vacancy in office of Representatives 

in Congress . 638 

Vacancy in the office of United 

States Senator . 639 

Vacancy in office of Judges. 639 

Clerks of courts . 639 

County officers, precinct officers, 

etc... 639 

To what elections this Act may 
apply . 640 

REGISTRATION OP ELECTORS. 640 
Board of registration—Meeting— 

Register . 641 

Manner of making register, etc.— 

First meeting . 641 

New election districts . 642 

Revision register—‘Second meeting 643 
Proceedings open—Corrections, etc. 643 
Revising register—Addition of new 

names . 643 

Copies of register—Filing—Deliver 

to Judges—Voting, etc.644 

Entry on register by clerks. 644 

Non-registered voter—Penalty. 644 

Poll lists and register to be filed,. 645 

Registers open to inspection. 645 

Compensation . 645 

Preserving order . 646 

Fraudulent registration, false 

swearing, etc. 646 

Blanks to be furnished. 646 

Time Act takes effect. 64 6 

CONGRESSIONAL APPORTION¬ 
MENT . 647 

Apportions State into 25 congres¬ 
sional districts . 647 

Number of representatives in 

Congress—When elected . 64 9 

The words “Ward” or “Wards” 
in the City of Chicago defined... 649 
Repeal . 649 

SENATORIAL AND REPRE¬ 
SENTATIVE APPORTION¬ 
MENTS .649-656 

Apportions State into 51 senatorial 

districts . 650 

The words “ward.” “street,” “ave¬ 
nue” and “boulevard” in the 

City of Chicago, defined. 657 

Repeal . 657 

TO REGULATE THE MANNER 
OF HOLDING' ELECTIONS.... 657 
Ballots printed at public expense.. 658 

Expense borne by cities, etc. 658 

Nomination of candidates. 658 

Caucus nominations—Certificate . . 659 
Nomination certificates — Signa¬ 
tures . 660 


ELECTIONS—Continued. 

Page 


Petitions for nomination . 661 

Form of petition for nomination 

for township officers. 661 

Nomination papers—Requisites . . . 663 

Certificates to be filed. 663 

Withdrawal of nomination. 663 

Form of withdrawal of candidate. 664 
Death or declination of candidate 

—Vacancy . 665 

Certificates of nomination—Objec¬ 
tions . 665 

Nomination to fill vacancy. 666 

Form of objection to nomination. 666 

Pasters—Stamping on ballots. 667 

Notice to county clerk. 667 

Form of notice to objections to 

nomination . 667 

Ballot—What to contain—Form of. 668 

Printing of—By what officers. 669 

Vote on constitutional amendment 670 
Ballots for representatives in Gen¬ 
eral Assembly . 671 

How counted . 671 

Form of requisition for additional 

ballots . 671 

Repeal . 672 

Printed instructions for voters. 672 

Instructions, cards and specimen 

ballots to be posted. 672 

List of nominations to be published 673 
Judges to have charge of ballots. 673 
Booths at polling places—To be 

private . 673 

Stationery, etc. 673 

Manner of voting—Checking on 

register list . 674 

Manner of preparing ballots. 675 

Assistance to illiterate voter. 676 

Absence for voting purposes. 676 

Employer preventing—Penalty ... 676 

Ballots not counted. 677 

Spoiled ballots . 677 

Canvass of votes—Proclamation. . 677 
Ballots objected to—‘“Defective”... 677 

Ballots destroyed . 677 

Electioneering at polls prohibited.. 678 

Penalty . 678 

Unlawful exhibition of ballots. 678 

False statement—Penalty . 678 

Destroying poster lists, etc.; pen¬ 
alty . 678 

Destroying, etc., certificate of 

nomination . 679 

Spurious ballots—Penalty. 679 

Neglect of officer to perform duties 679 

Published in pamphlet form. 679 

Time polls to be kept open. 679 

Repeal of prior Acts—Effect on 

penalties . 680 

Newspaper publication of this law. 680 

QUESTIONS OF PUBLIC POLICY. 681 
Question to be printed on separate 

ballot—Form . 681 

Petition to submit at election. 681 

Duty of election officers. 681 

DISPENSING WITH INDIVIDUAL 
TALLY MARKS IN COUNTING 
“STRAIGHT TICKETS” . 6S2 

Dispensing with individual marks 
in counting “straight tickets”.. 68 2 
Repeal . 683 

WOMEN MAY VOTE FOR 

SCHOOL OFFICERS . 684 

Women may vote for school offi¬ 
cers . 684 



















































































INDEX. 


805 


ELECTIONS—Continued. 

Page 


Ballots—What to contain. 684 

Ballots—How deposited . 684 

WOMEN MAY VOTE FOR PRESI¬ 
DENTIAL, ELECTORS AND 
CERTAIN OTHER OFFICERS. 

ETC. 685 

What officers and propositions in 
State, Cities, Villages and Towns 685 

What township officers, etc. 685 

Separate ballot boxes and ballots.. 685 

Canvass . 685 

Registration . 685 

ANTI-SALOON TERRITORY. 686 

Words and phrases defined. 687 

Petition—When and where filed—• 

Signatures . 687 

Vote operative 30 days after elec¬ 
tion . 688 

Form of petition—How signed. 688 

Sworn statement—Filing certificate 

—Penalty . 689 

Notice of submission of proposition 689 

Publication of. 689 

Ballot — Forms of — Canvass — 

Watchers . 689 

Result of vote—Evidence . 690 

Anti-Saloon territory defined. 690 

Conflicting ordinances suspended... 690 
Submission of proposition of con¬ 
tinuance . 691 

Separate ballots in districts. 691 

What constitutes bar to submis¬ 
sion of proposition. 691 

Unlawful to sell or issue license 

to sell intoxicating liquor... 692 

Unlawful selling defined . 692 

Penalty . 692 

Place where liquor is sold declared 

a common nuisance . 693 

Offenses and penalties . 693 

Where offenses may be prosecuted 694 

Prosecution—Form of . 694 

Sale of liquor by druggists. 694 

Record to be kept. 694 

When sales by manufacturer 

exempt . 695 

Petition for contesting validity of 

election . 695 

Procedure . 695 

FENCES. 

Assessor and commissioners of 

highways viewers of. 363 

In counties not under township or¬ 
ganization, viewers how ap¬ 
pointed . 363 

Term of office . 363 

What considered a legal fence.... 363 
Electors may determine what is 

lawful . 364 

Division fence—removal of—notice. 364 
Form of agreement to divide and 

maintain division. 364 

When owner to contribute to value. 365 

Value determined by viewers. 367 

Form of notice to adjoining owner 

to choose viewer . 367 

Neglect to rebuild or repair, view¬ 
ers to examine . 368 

Form of viewers’ determination as 

to value of division. 367 

Form of notice to owner who 
neglects to repair . 368 


FENCES—Continued. 

Page 


Disputes of owners settled by 

viewers . 369 

Form of notice for examination of 

fence . 368 

Form of direction by viewers to 

build . 369 

Viewers—how chosen . 370 

Form of notice to choose. 371 

Form of submission of dispute.... 372 

Duties of viewers . 371 

Decision of two, final. 371 

Form of decision by viewers in re¬ 
lation to . 372 

Reduce to writing, file with town 

clerk . 372 

Form of decision where another 

selected . 373 

Neglect to repair or build after no¬ 
tice—damages. 373 

Form of notice to contribute to 

erection or repair . 374 

Form of appraisal of damages, 

neglect to repair, etc. 374 

When fences destroyed, etc., notice 

to repair . 374 

Form of notice to make or repair. . 375 

Neglect or l'efusal to repair. 375 

Removal of—one year’s notice. ... 375 

When owner may not remove. 375 

Form of notice of intention to re¬ 
move . 375 

Removal without notice—liability.. 376 

Mistake in locating—remedy. 376 

When not to be removed. 376 

Fees of viewers of. 377 

Damages for breaking into. 377 

Animals breaking into enclosure. 377 

Owner may keep until, etc. 377 

Rescuing animals breaking into—■ 
Penalty . 377 

HEDGE FENCES . 379 

Hedge fences—owner to trim.... 379 

Not exceed five feet height. 379 

Not to apply to hedge protecting 

orchard or building . 379 

May build for windbreak. 379 

Application to build for windbreak 

—'Form . 379 

Form of consent to grow for wind¬ 
break . 381 

Failure to comply with act—Pen¬ 
alty . 380 

Owner non-resident—Commission¬ 
ers to trim. 380 

Cost of trimming returned as de¬ 
linquent tax. 380 

Fence Viewers. 

In township, assessor and commis¬ 
sioners are . 363 

In counties not under township or¬ 
ganization county board to 

choose . 363 

Value of fences ascertained by.... 367 
Give notice to repair or build fence 368 
Form of determination as to value 

of fence . 367 

Form of notice to owner who neg¬ 
lects to repair, etc. 368 

Disputes settled by. 369 

Form of notice for examination of 

fence . 368 

Form of direction by, to build or 

repair . 369 

How chosen—Notice, etc.370 




















































































806 


INDEX. 


FENCES—Continued. 


PAUPERS—Continued. 

Page 


Page 


In case of disagreement—Choose a 

third . 371 

Decision of, to be in writing. 371 

Form of decision by. 372 

Form of appraisal of damages by, 

etc. 372 

May examine witnesses, etc. 376 

Power to issue subpoenas—Admin¬ 
ister oath . 376 

Form of subpoena for witness. 376 

Fees of . 377 

Trespass—Damages for . 377 


Fencing Railroads. 


Fencing track. 382 

Right of way clear of combustibles. 384 
Allowing animals on right of way 

—Penalty . 385 

Neglect or refusal to build fence, 

etc. 3S5 

Form of notice to build or repair 

fence, etc. 386 

Service of, how made. 386 

Adjoining owner may build and 

recover . 386 

Damages may be recovered of rail¬ 
road, when . . 386 

Boards at crossings. 386 

Bell and whistle—'Crossings . 387 

Killing stock—Frightening team. . 387 

Starting train without signal. 387 

Approaches at crossings. 387 

Neglect to make, etc., crossings— 

Notice . 388 

When company neglects, authori¬ 
ties to construct, etc... 388 

Company to pay expenses and $100. 388 
Form of notice by commissioners 
of highway to railroad agent for 

repair of crossing . 388 

Not to obstruct highway. 389 

Penalty . 389 

Flagmen—Shelter . 389 

Penalties . 390 

Corporation defined . 390 

Street railroads . 390 


GENERAL NOTES.773 


HIGHWAYS. 

See Roads and Briges. 

PARLIAMENTARY LAW... 786 


PAUPERS. 


How and by whom supported. 392 

When so from intemperance. 392 

Who first called on to support. 392 

Counties can sue . 392 

Married females not liable for sup¬ 
port . 392 

Failure to support, complaint by 

State's Attorney. 39 2 

Overseer may, make complaint.... 392 

Notice to be given defendant. 393 

Trial—Judgment . 393 

Court may direct contribution.... 393 
Partial support—Court may direct. 39 3 
Time of maintenance and payment 393 
Order of court changed from time 

to time .446 

How payments enforced . 394 

When towns to support. 395 


When not resident of county—Re¬ 
moval . 395 

Form of notice to remove non¬ 
resident .. 395 

Costs, to whom adjudged. 394 

Bringing into county—Penalty.... 394 

When county to support poor. 394 

Term residence defined . 396 

Supervisor overseer ex-officio. 396 

To execute bond . 396 

Overseer in counties not under 

township organization . 397 

Duties of overseers . 397 

May let out support of. 397 

Form of contract for support of. . . 398 

Form of approval of contract. 398 

Person to whom let to give bond.. 398 

Temporary relief, when given. 399 

Form of bond by contractor to sup¬ 
port poor . 399 

Aid, when given to non-resident 

poor—Burial . 399 

Overseer makes report . 400 

When supported by town, report to 

town auditors . 400 

Powers of county board over poor. 400 
Overseer of to keep accurate ac¬ 
count, etc. 401 

File copy of account with county 

clerk . 401 

County agent to keep like account, 

etc. 402 

Keeper of poor house keep account, 

etc. 402 

Neglect of overseer, etc., to make 

reports—-Penalty . 402 

Poor to be kept at poor house. 402 

Township support—How abandoned 402 

Residence of . 403 

County board may adopt separate 

support . 404 

May fix rate each town shall pay. . 404 
Town may have supported in poor 

house . 404 

When town fails to support. 4 04 

County agent to report. 404 

Tuition of children of. 404 

Children on poor farms. 405 

Home for such children. 405 

Jurisdiction of county judge. 405 

REVENUE. 

PROPERTY LIABLE TO TAX¬ 
ATION . 429 

Taxable property . 429 

PROPERTY EXEMPT FROM 
TAXATION . 430 

Exempt property.. 4 30 

RULES FOR VALUING PER¬ 
SONAL PROPERTY . 433 

Personal property . 4 33 

RULES FOR VALUING REAL 
ESTATE . 435 

Real property . 4 35 

PERSONAL PROPERTY—WHEN 

LISTED . 435 

Time to list . 435 

WHO SHALL LIST AND WHAT 
LISTED . 435 

Manner of listing. 435 


























































































INDEX. 


807 


REVENUE—Continued. 

Page 


WHERE LISTED AND AS¬ 
SESSED. AND WHAT HELD TO 
BE PERSONAL PROPERTY— 
MANNER OF LISTING. 437 

Where personal property listed... 437 
Farm property—Owner not residing 

on farm . 437 

Of manufactures in hands of agent 4 38 
Purchaser’s interest in exempted 

lands, personalty . 439 

In transitu . 439 

Nursery stock . 439 

Personal property of banks and 

others . 439 

Repeal . 440 

The personal property of gas and 

coke companies . 440 

The personal property of street 
railroad, plank road, gravel road, 
turnpike or bridge companies.. 440 


The horses, stages and other per¬ 
sonal property of stags companies 4 40 
The personal property of express 


or transportation companies. 4 40 

Consignees only his interest. 440 

Listing on behalf of others. 440 

Interest on bonds . 441 

Money secured by deed. 441 

Removing—Where owner assessed. 441 

How place of listing fixed. 441 

Schedule . 441 

FORM OF SCHEDULE . 442 

Schedule . 442 

When assesor may examine under 
oath and list property. 4 44 

RULES FOR LISTING CREDITS. 444 
What debts deducted from credits 444 

What debts not deducted. 444 

Deductions verified by oath—Per¬ 
jury—Fines—Statements . 445 

RULES FOR LISTING STOCK OF 
MUTUAL BUILDING, LOAN 
AND HOMESTEAD ASSOCIA¬ 
TIONS . 445 

Shares of stock—When and how 

assessed . 445 

Non-resident stockholders . 446 

Mode of determining value of 

stock . 446 

Shares of stock—How assessed— 
Emergency . 44 6 

RULES FOR LISTING THE 
PROPERTY AND BUSINESS 
OF BANKS, BANKERS, BROK¬ 
ERS AND STOCK JOBBERS- 446 

Banks, etc.—Rules for listing. 446 

PAWNBROKER . 447 

Who is a pawnbroker.. 447 

LISTING CAPITAL STOCK OF 
CORPORATIONS AND FRAN¬ 
CHISES OF PERSONS . 447 

Rules for listing and valuing prop¬ 
erty of certain corporations. 448 

Schedule returned to county clerk. 449 

Forwarded to auditor . 449 

State Board of Equalization to as¬ 
sess capital stock . 449 

Franchise to be listed and valued.. 449 

STATE AND NATIONAL BANKS. 44 9 


How assessed and taxed 


REVENUE—Continued. 

Page 


List of stockholders to be kept 

etc. 450 

Shares listed in names of owners. 450 

Tax extended . 450 

How tax on shares collected—Lien. 450 
Dividends to be held for taxes.... 450 

Shares sold . 451 

MANNER OF LISTING AND 
VALUING THE PROPERTY OF 
RAILROADS . 451 

Schedules . 451 

Time of filing schedule—Form of 

same ... 4 51 

“Railroad track’’—Description of. 452 
How “railroad track’’ listed and 

assessed . 452 

“Rolling stock’’—'Schedule . 453 

How “rolling stock” listed and 

taxed . 453 

Personalty and real estate other 
than “rolling stock” and “rail¬ 
road track” where listed. 453 

How such other personal and real 

property to be assessed . 453 

Railroad returns to auditor. 45 4 

Neglect to return . 4 54 

Schedules—Board to assess railroad 

property . 455 

Railroad tax book—Extending and 

collecting tax . 455 

Description of platted land . 455 

TELEGRAPH COMPANIES—RE¬ 
TURN . 4 55 

Schedule . 456 

Board of equalization to assess.... 456 

How tax collected . 456 

Office furniture, etc., how listed 

and assessed . 456 

PENALTY . 4 56 


False schedule, etc, 
Perjury . 


REAL PROPERTY—AS OF WHAT 
TIME LISTED—WHO LIABLE 
FOR TAX . 457 

Real property—Listed . 457 

Owner liable—When. 457 

Leasehold interest in exempted 

lands . 457 

When certain lands become taxable 457 

SUBDIVIDING . 4 58 

Owner to plat—Record—Descrip¬ 
tion . 458 

Owner neglecting, County clerk to 

cause plat, etc. 458 

HOW LISTED AS BETWEEN 

COUNTIES . 459 

In two counties . 459 

HOW LISTED AS BETWEEN 

TOWNS . 459 

In different towns . 459 

MAKING DELIVERY OF ASSESS¬ 
MENT BOOKS AND BLANKS.. 459 

How books to be made. 459 

Books to be by townships. 460 

When separate books for cities, etc. 460 

Lists compared . 460 

Books ready—When . 460 

Assessors to call for books. 460 

Other lands . 4 60 












































































808 


INDEX. 


REVENUE—Continued. 

Page 


APPOINTMENT OF ASSESSORS 
AND DEPUTY ASSESSORS.... 461 

In counties not under township or¬ 
ganization . 461 

Deputies . 461 

OATH AND DUTIES OF AS¬ 
SESSORS — ASSESSMENT OF 
REAL AND PERSONAL PROP¬ 
ERTY . 461 

Oath . 461 

Failure to take oath—Vacancy. . . 462 
How and when real estate assessed 4 62 

Other lands added. 462 

How pei’sonal property assessed... 462 
When owner, etc., sick or absent. 463 
Examination under oath—Witness. 4 63 
School district to be designated... 4 63 
When property in several districts. 464 

When assessor to fix value. 464 

Owner may require list of valua¬ 
tion . 464 

Assessor to use forms. 464 

REVIEW OF ASSESSMENT BY 
TOWN BOARD, IN COUNTIES 
UNDER TOWNSHIP ORGANI¬ 
ZATION . 464 

Review of assessment—Time—Pro¬ 
ceedings . 464 

Notice of meeting. 465 

Failure not to vitiate, except, etc. 4 65 

RETURN OF ASSESSOR TO 
COUNTY CLERK . 465 

Assessor to add columns. 465 

Tabular statements . 466 

Return—Form . 4 66 

Schedules and statements deliv¬ 
ered, etc. 466 

Books delivered to town clerk.... 466 
Review of assessment. 467 

PAY OF ASSESSORS AND DEP¬ 
UTY ASSESSORS . 467 

Compensation of assessors. 467 

Detailed account of time, etc. 467 

DUTIES OF CLERK ON RETURN 

OF ASSESSMENT BOOKS. 467 

Clerk to correct errors, etc. 467 

Further corrections . 467 

EQUALIZATION OF ASSESS¬ 
MENTS BY THE COUNTY 
BOARD ... 468 

At July meeting. 468 

County board may complete equali¬ 
zation at subsequent meeting. . . 469 

REPORT OF ASSESSMENT BY 
THE CLERK TO THE AUDITOR 
FOR EQUALIZATION . 470 

Clerk’s report to auditor. 470 

When assessments not all in. 471 

STATE BOARD OF EQUALIZA¬ 
TION . 471 

Members . 4 71 

Election—Term of office. 472 

Vacancy, filled by the Governor. . . 472 

Oath . 472 

Chairman—Secretary—Employes . . 472 

Duties of secretary. 472 

Annual meeting of board. 473 


REVENUE—Continued. 

Page 


Property to be classified. 473 

Rules for equalizing personal prop¬ 
erty . 473 

Board to assess capital stock of 

corporations, except, etc. 474 

Extension of tax. 474 

Board to assess “railroad track’’ 

and “rolling stock”. 474 

Distribution of values. 474 

Extension of tax. 4 74 

Capital stock of railroads and 
telegraphs—Distribution of value 

—'Extension of tax. 474 

Lands, how equalized. 475 

Combined table—Final examination 475 

Failure to return assessments. 475 

When equalization completed ... 475 

Proceedings of board published, 

etc. 476 

Rooms, fuel, etc. 476 

Compensation of members. 476 

RATES OF TAXATION. 477 

Computing rates. 477 

FOR STATE PURPOSES. 477 

How rate found, etc. 477 

State school tax. 477 

State revenues . 478 

FOR COUNTY PURPOSES. 478 

County board to determine. 47S 

TOWNS, CITIES, ETC. 479 

Certificate of rates. 479 

COLLECTORS’ BOOKS — EX¬ 
TENDING RATES . 479 

Collectors’ books . ... 479 

How made as to townships, cities, 

etc. 480 

Rates—How extended—Valuation.. 480 

Equalization . 480 

Rates—How extended. .. '480 

Extension of towns, cities, etc., 


State and other taxes. 481 

Forfeited property—Back taxes... 481 

Statement to Auditor. 481 

State and county equalized rates 

stated . 482 

Collector’s warrant—Direction to 
pay over . 4S2 

QUALIFICATION OF TOWN AND 
DISTRICT COLLECTORS . 482 

Bond—Oath . 482 

Bond and oath recorded. 482 

Lien of bond. 483 

DELIVERY OF COLLECTOR’S 

BOOKS—WARRANTS . 484 

When delivered . 484 

Collector’s warrants . 484 

Distress for personal tax. 4 84 

How to pay over taxes collected . 484 
County clerk’s certificate to county 
collector . 485 

COLLECTION DISTRICT AND 
WHO COLLECTOR IN COUN¬ 
TIES NOT UNDER TOWNSHIP 
ORGANIZATION . 485 

County, a district—Sheriff: collector 485 
VACANCIES AND RESIGNATION 485 
How vacancies filled. 485 


















































































INDEX 


809 


REVENUE—Continued. 

Page 


Appointment not to exonerate 

former collector . 485 

Duty of appointee. 486 

Extension of time in such case... 486 

COLLECTORS . 486 

Who collectors . 486 

Bond—Oath . 486 

Approved and Recorded. 487 

Lien . 487 

How otherwise approved. 487 

Approval of bonds by auditor. 488 

Discharge of sureties. 488 

When collector defaults. 488 

Death of collector. 489 

Deputy collectors . 489 

Warrants to deputy collectors. . . . 489 

MANNER IN WHICH TAXES 

ARE TO BE COLLECTED. 490 

Kind of money. 490 

How collection made. 490 

Distress for taxes. 4 91 

Sales of property distrained—Sur¬ 
plus .. 492 

Removal within county. 493 

Fees on distraint. 493 

Removal from county. 493 

Collection after return of county 

collector . 494 

Payment on part of tract. 494 

Undivided interest .. 494 

Entry of payment—Receipts—Evi¬ 
dence . 494 

Name, etc., of owner. 494 

SWORN STATEMENTS OF COL¬ 
LECTIONS TO BE MADE— 

PAYMENTS. 495 

Thirty-day settlements with cities, 

etc. 4 95 

Thirty-day settlements with coun¬ 
ty collector . 495 

Local taxes to be paid over, etc... 495 
Final settlement for local taxes be¬ 
fore return .. 495 

Duplicate receipts . 496 

RETURN OF TOWN AND DIS¬ 
TRICT COLLECTORS TO THE 

COUNTY COLLECTOR . 496 

When return made. 496 

Form of return as to personal tax. . 496 

Credits, etc. 497 

Form of return as to real estate.. 497 
To note what personal tax can be 

collected from real estate. 498 

Suit on bond. 498 

Satisfaction piece . 498 

Satisfaction piece may be record¬ 
ed—Effect . 498 

Delinquent defined . 498 

RETURN OF DELINQUENT SPE¬ 
CIAL ASSESSMENT . 499 

To county collectors—His duties... 499 

Transfer of amounts. 499 

Demand for assessment when tax 
paid . 499 

COUNTY COLLECTOR’S RE¬ 
CEIPTS—POWERS . 499 

Form of receipt. 499 

Powers to collect. 499 

ADVERTISEMENT FOR JUDG¬ 
MENT AND SALE. 500 


REVENUE—Continued. 

Page 


Advertisement . 501 

Proceedings against real estate for 

personal tax. 502 

Figures, etc., used—Advertisement, 

etc. 502 

When application for judgment 

made, etc. 503 

Copies of paper containing adver¬ 
tisement . 504 

Error in advertisement. 504 

Delinquent list—Form. 504 

Tax may be paid before sale. 505 

Payments reported—List corrected 505 

JUDGMENT . 506 

Proceedings by court. 506 

Appeals . 508 

Proceedings in case of appeal.... 509 

SALES OF DELINQUENT LANDS. 509 

Process for sale . 510 

County clerk to assist in sale. 510 

Entry of sale—Redemption. 510 

County to furnish book. 511 

Forfeited tracts noted. 511 

Sale and redemption record. 511 

Manner of conducting sale. 511 

How sold . 512 

Forfeited to the state . 512 

Failure of collector to attend. 512 

Failure of county clerk to attend. 513 

Payment by purchaser. 513 

Certificate of purchase—Assignable 513 

Exception . 513 

Index to tax sale books. 513 

CERTIFIED COPY OF SALE 
LISTS TO BE SENT TO 

AUDITOR . 513 

In twenty days after sale. 514 

REDEMPTION . 514 

Time of redemption—Amount. 514 

When purchaser suffers land to be 

sold again . 515 

Books, etc., evidence. 516 

Sales in error—Entry. 516 

Purchaser at erroneous sale paid 

back . 516 

Effect of receipt of redemption 
money . 516 

TAX DEEDS . 517 

Notice . 517 

Affidavit—Evidence—Perjury . 518 

Printer’s fee . 518 

When entitled to deed. 519 

Deed may include several tracts... 519 

Fee—Exception . 519 

Form of tax deed. 520 

Evidence recorded . 520 

Applies to former sales. 520 

Effect of deed as evidence—Repay¬ 
ment . 520 

When deed must be taken out. 521 

FORFEITED PROPERTY . 521 

Redemption or purchase of forfeit¬ 
ed property . 522 

Report and payment of money col¬ 
lected on forfeited land. 522 

Back tax added—Effect. ... 523 

Suit for tax on forfeited property. 523 

FINAL SETTLEMENT OF COUN¬ 
TY COLLECTOR . 524 

Statement to county clerk. 524 





































































































810 


INDEX. 


REVENUE—Continued. 

Page 


Credit on forfeited property. 524 

Printers’ fee . 524 

Settlement with county board. . . . 525 
When collector to account with 

clerk . 525 

Clerk to certify to auditor. 525 

Clerk to certify to local authorities, 

etc. 525 

Credits on final settlement. 525 

Examination of accounts, etc. 525 

Final order—Corrections, etc. 525 

PARTIAL. SETTLEMENT OF 

COUNTY COLLECTORS . 526 

April statement to clerk. 526 

Clerk to notify auditor, etc., 


April payment to state treasurer. 526 
Effect of failure of collector to ob¬ 
tain judgment . 526 

April payment to local authorities. 527 
To pay cities, etc., every ten days. 527 

Failure to make report—Suit. 527 

Failure to account and pay over— 

Suit . 527 

FINAL SETTLEMENT OF THE 
COUNTY COLLECTOR FOR 

STATE TAXES . 527 

Manner of making settlement. 527 

Duplicate statement to auditor.... 528 

Over-payment refunded. 528 

How paid into treasury—Duplicate 

receipt . 528 

Interest on money due State. 528 

Auditor’s certificate of settlement 529 

Filing same . 529 

LIENS OF TAXES. 529 

Of tax on real estate. 529 

Tax on personalty. 530 

Real and personal tax . 530 

Lien in favor of agents, etc., for 
tax paid . 531 

WHO NOT ELIGIBLE AS BONDS¬ 
MAN . 531 

Certain officers . 531 

LIABILITY ON BONDS. 531 

Specified . 531 

SUITS AGAINST COLLECTORS.. 531 

Suit by auditor. 531 

Jurisdiction—power of court. 532 

Proceedings in suit on bond by 

others . 532 

When bond sued by city, town, 

etc. 532 

Fees when state sues. 532 

SALE OF REAL ESTATE ON EX¬ 
ECUTION IN BEHALF OF THE 

STATE—REDEMPTION . 533 

Notice of levy given auditor. 533 

Auditor to purchase in. 533 

Redemption . 533 

Payment of money collected. 533 

When real property not redeemed— 

Timber, etc. 534 

DOUBLE PAYMENT AND AS¬ 
SESSMENT—REFUNDING . 534 

Payment by different claimants— 

Return, etc. 534 

Double assessment or payment.... 534 
Refunding .... , .. . 534 


REVENUE—Continued. 

Page 


WHEN RECORDS ARE DE¬ 
STROYED . 535 

New assessment . 535 

OTHER DUTIES OF AUDITOR... 535 
When a locality does not pay its 

share of tax. 535 

Auditor may sell property bought 

in by State. 536 

Abstracts, United States, Canal and 

Illinois Central R. R. Lands. 537 

Forms—Instructions—Opinion .... 5 37 

Act published . 537 

Swamp lands. 537 

OMITTED PROPERTY—SAVING 

CLAUSES . 538 

When discovered listed, and tax 

added . 538 

Personal tax . 538 

Tax not collected added to subse¬ 
quent year . 538 

Not prior to date of ownership... 538 

Notice . 538 

Special assessment—Return limited 539 
Failure to complete assessment in 

time not to vitiate. 539 

Informality not to vitiate. 539 

Failure to deliver tax books not 

to vitiate . 5 39 

Wrong name not to vitiate. 539 

WHO MAY ADMINISTER OATHS 539 
Officers enumerated . 539 

PENALTIES OF OFFICERS. 539 

Delivering books before collector’s 

bond filed . 540 

Collector—Neglect to obtain judg¬ 
ment, etc.. 54 0 

Failure to do any duty under this 

Act . 540 

Refusal by clerk, assessor or other 
officers to do duty. 540 

COUNTY TO FURNISH BOOKS 

AND BLANKS . 541 

Clerk to procure them. 541 

COUNTY FUNDS—MANNER OF 
KEEPING ACCOUNTS THERE¬ 
OF . 541 

By collector, etc. 541 

By clerk, etc. 542 

DEFINITIONS . 542 

Words and phrases. 542 

Power of county court, until, etc.. 54 3 

REPEALING CLAUSE . 544 

Acts repealed . 544 


FOR THE ASSESSMENT OF 
PROPERTY AND PROVIDING 
THE MEANS THEREFOR ... 544-569 
In counties not under township or¬ 
ganization the county treasurer 


is ex-officio assessor. 546 

Compensation . 546 

In counties under township organi¬ 
zation . 546 

Appointment of deputies. 54 6 

Compensation . 547 

In counties containing 125,000 or 
more inhabitants, a board of as¬ 
sessors . 54 7 






















































































INDEX. 


811 


REVENUE—Continued. 


Page 


REVENUE—Continued. 


Page 


Election of . 547 

Organization of board. 547 

Powers and duties of board. 548 

Deputy assessors, appointment.... 548 
Assessor and supervisor of assess¬ 
ments to give bonds. 54 9 

Official oath—Form of . 54 9 

Assessor, etc.—Penalty for neglect 

of duty. 550 

Board of assessors may appoint 

deputies . 550 

Term of office—Oath. 550 

Maps, purchase of. 550 

Property subject to assessment and 

taxation . 550 

Property to be listed April 1. 551 

How and by whom listed. 551 

Real property—When and how list¬ 
ed and assessed. 551 

County clerk to make up duplicate 
books of lands or lots to be 
assessed for taxes—When made 

in triplicate . 551 

Assessors to receive books and 

blanks on or before April 1. 552 

When the assessor shall assess 

property. 552 

Mode of assessment—Actual view. 552 
List—When valuations and entries 
to be made in duplicate and 

when in triplicate books. 553 

Alteration—Subdivision . 553 

When lands change in value. 553 

Personal property—When and how 

valued . 554 

When and how personal property 

to be listed. 554 

To furnish printed blank schedule 554 

Assessed value . 554 

How real and personal property 

shall be valued. 555 

State board of equalization. 555 

Schedule—Penalty for omission to 

make . 555 

Person refusing to sign and swear 

to schedule . 556 

Duty of assessor—Penalty. 556 

Township assessor—Return of as¬ 
sessment books—Affidavit . 556 

Authority of supervisor of assess¬ 
ments . 556 

In counties having a board of as¬ 
sessors—Revision of assessment. 556 
Term of township assessor, etc. . . 557 
Office of board of assessors to be 
kept open during business hours 557 
To furnish information to Board 

of Review, etc. 557 

Changes and alterations in assess¬ 
ment . 557 

Person entitled to copy of the de¬ 
scription, schedule, etc. 558 

Schedules and statements of per¬ 
sonal property—Custody of. 558 

Assessment lists to be published... 558 


Board of review. 

Board of review—Appointment of 

—Vacancy—How filled . 

Compensation . 

Appointment of clerk. 

Who to constitute the board—Pow¬ 
ers of . 

In counties of 125,000—Board of 

review of three persons. 

Election of — Organization and 

duties of . 

Form of oath to be t&Kefi. 


558 

55 9 

559 

559 

560 

560 

560 

560 


Meeting of board to revise assess¬ 
ment . 561 

Powers and duties of. 561 

Powers and duties of board of 

review .561-565 

Notices under this Act—How given 565 

Board of review—When and how 
changes made upon assessment 

books . 565 

Form of affidavit to be attached 
to each of the assessment books. 565 

Rules and regulations. 566 

Failure to complete assessment in 

time not to vitiate. 566 

Board of review—Meeting. 566 

Board of review may examine as¬ 
sessor as to how assessment was 

made. 566 

Delivery of books containing as¬ 
sessments . 567 

Conniving at any evasion of this 

Act—Penalty . 567 

Delivering false or fraudulent lists 

to assessor—Penalty. 567 

Duty of State’s attorney to prose¬ 
cute violators—Fees . 56S 

Payment of salary of county asses¬ 
sor, etc. 568 

Abstract of the assessment to be 

sent to auditor. 568 

County collector—Duplicate delin¬ 
quent lists . 568 

When to be made and where to 

to be filed. 568 

County clerk to estimate and de¬ 
termine rate per cent. 568 

How to be determined . 569 

CONCERNING THE LEVY AND 
EXTENSION OF TAXES. 569 


Amount of tax authorized to be 

levied . 569 

Levy and extension of taxes. 570 

The State board of equalization 

—Time of meeting. 72 

The State board of equalization 
may raise or lower total as¬ 
sessed value . 572 

When books for the collection of 
taxes to be delivered to col¬ 
lector . 572 

A number of dates for the per¬ 
formance of Acts under the gen¬ 
eral revenue law changed. 572 

Board of assessors, duties and pow¬ 
ers of—Penalties. 574 

Provisions of the general revenue 
Act applicable—To remain in 

force . 574 

Majority of board may act. 574 

In counties of 125,000 or over, 

power of township assessor. 574 

Provision in case any county shall 
hereafter come under the provi¬ 
sions of this Act. 574 

Repeal . 574 


AGRICULTURAL AND OTHER 
STATISTICS . 575 

Blanks and schedules. 575 

Assessors to collect and return sta¬ 
tistics . 575 

Owners to fill schedules—Duty of 

assessors . 575 

Returns—How made. 576 

Emergency . 576 


















































































812 


INDEX. 


REVENUE—Continued. 

Page 


ASSESSMENT AND TAXATION 
OP BRIDGES ACROSS NAVI¬ 
GABLE WATERS ON THE 
BORDERS OF THIS STATE.... 576 

Bridges on border of State—How 

assessed . 576 

Sale of bridge, etc., for tax. 577 

Repeal . 577 

Emergency . 577 

FOR STATE PURPOSES. 577 

Revenue fund for general State 
purposes and for State school 

purposes . 578 

Officers to compute rates per cent 

required . 57S 

Auditor to certify. 578 


VALIDATING ACTS OF COUNTY 
BOARD HERETOFORE DONE 
IN DETERMINING AMOUNT 
OF TAXES TO BE RAISED 


FOR COUNTY PURPOSES . 578 

Validating Acts of county board, 
heretofore done in determining 
amount of taxes to be raised for 
county purposes . 578 

GIFTS, LEGACIES AND INHER¬ 
ITANCES . 579 

What property is subject to this 

Act . 5S0 

Rates of taxation prescribed— 

Exemptions . 581 

Appraisement of life interest. 582 

Accrued tax a lien on entire prop¬ 
erty . 582 

Bond for deferred payment. 582 

Interest on deferred payment of 

tax assessed . 583 

Bond of executors and others. 583 

Duties of executors and administra¬ 
tors . 58 3 

Liability of executors and others. . 583 
Payment of tax—How made by ex¬ 
ecutor and others. 584 

Receipt of State treasurer. 5S4 

Executor and others to give infor¬ 
mation to county treasurer. 584 

Refunding tax retained by executor 

and others . 584 

Foreign executor transferring 

stocks . 585 

Notice to treasurer and attorney 

general . 585 

Liability of custodians. 585 

Refunding excess of tax by State 

treasurer . 586 

Appraisement of property—How 

made. 586 

Fees of county clerks. 588 

Inheritance tax attorney . 588 

Appointments authorized—Salary. . 588 

Fees generally. 588 

Appraiser—Penalty for receiving 

fee or reward . 589 

Jurisdiction of county court over 
property of new resident decedent 589 
Failure to pay tax, proceedings in 

county court . 590 

State’s attorney to enforce pay¬ 
ment—Fees allowed . 590 

County judge and county clerk.... 590 
Quarterly statements to county 
treasurer . 591 


REVENUE—Continued. 

Page 


State treasurer shall furnish book 

to county judge . 591 

Payment by county to State treas¬ 
urer—Receipt . 591 

Report to auditor semi-annually... 591 

Fees of county treasurer. 591 

Receipt from county treasurer. 591 

Sealing and recording same. 592 

Liability to taxation—How deter¬ 
mined . 592 

Appeal to supreme court. 592 

Continuation of lien—Limitation... 592 
Highest rate in certain cases—Re¬ 
turn of tax wrongfully imposed— 

Other provisions . 593 

Compounding of claims . 593 

Powers of State treasurer and at¬ 
torney general. 593 

Guardian for infant. 594 

Bequests to hospitals, churches and 
other organizations exempted.... 594 

Transfer defined . 594 

Certified copies of papers to be 

furnished—Fees for same. 594 

Repeal, . 595 

TO PROVIDE FOR CASUAL DEF¬ 
ICITS OR FAILURES IN REV¬ 
ENUES . 595 

Whenever casual deficits or fail¬ 
ures in the revenues of the State 

occur . 595 

Loan—How made and when award¬ 
ed . 596 

Bonds or certificates to be regis¬ 
tered . 596 

Interest and principal. 596 

How paid—Appropriation . 596 

FUND FOR UNIVERSITY OF IL¬ 
LINOIS . 606 

Annual tax levy for fund for use 

of University of Illinois. 596 

Disposition of fund. 596 

ROADS AND BRIDGES. 

In general.127-215 

DEFINITIONS. 

State road and bridge fund. 127 

State aid roads.. 127 

STATE HIGHWAY DEPART¬ 
MENT . 127-131 

State highway department—Estab¬ 
lished . 127 

Offices . 128 

State highway commission—Office 

created . 128 

Oath—Bond . 128 

Salary—Expenses . 128 

General powers and duties.128-129 

State highway engineer—'Appoint¬ 
ment . 129 

Oath—Bond . 130 

Powers and duties. 130 

Civil service . 130 

Removal from office—Vacancy.... 130 

Duties of present State highway 
commission terminated . 131 

COUNTY SUPERINTENDENTS 
OF HIGHWAYS .131-132 

Appointment . 131 

Term of office—Salary. 131 

















































































INDEX. 


813 


ROADS AND BRIDGES—Con¬ 
tinued. 

Page 


Removal . 132 

Powers and duties. 132 

Vacancy. 132 

STATE AID.133-144 

State aid authorized. 133 

Highways to be designated by 

county boards . 134 

Total mileage of such highways... 134 

Selection of highways to be indi¬ 
cated on map. 134 

When changes to be made on map 
by State highway commission.. . 134 

Copy kept by county clerk.. 134 

Map entered on official records— 

Changes . 135 

When county board fails to forward 
to State highway commission 

map within six months. 135 

Improvement of the system—How 

carried on. 135 

Where any county fails to provide 
amount equal to allotment by 

State highway commission. 136 

What considered sufficient ac¬ 
ceptance of allotment to county. 136 
Proceedings for construction of 

State Aid road . 136 

Preliminary resolution of county 

board . 136 

Examination of proposed highway. 137 
Approval or disapproval by com¬ 
mission . 137 

Maps, plans, specifications and esti¬ 
mates . 137 

Eminent domain. 137 

Report to State Highway Commis¬ 
sion and to the County Board. . . . 138 
Final resolution of State Highway 

Commission . 138 

Final resolution of County Board. . 138 
Final notice to State Highway 

Commission . 139 

Order of construction of State Aid 

roads .. 139 

Contract for State Aid roads. 139 

Advertising for proposals. 140 

Proposals . 140 

Award of contract. 141 

Rejection of proposals. 141 

Form of contract . 141 

Bond of contractor. 141 

Payments on contracts. 141 

Acceptance of State Aid road when 

completed . 141 

Payments—How made—Effect of 

contract . 442 

Legal effect of contract. 14 2 


Roads constructed directly by the 

State . 142 

County Line roads. 14 2 

Repair and maintenance of State 

Aid roads . 4 43 

Public Utilities . 143 

BRIDGES AND IMPROVEMENTS 
CONSTRUCTED AND RE¬ 
PAIRED BY A COUNTY OR AT 
THE JOINT EXPENSE OF A 
COUNTY AND ANY TOWN OR 
ROAD DISTRICT THEREIN.144-146 

Bridges may be built by county.. 144 

Aid from county board. 144 

Letting contracts . 145 

Bridges built by two counties. 145 


ROADS AND BRIDGES—Con¬ 
tinued. 

Page 


Contracts by commissioners of ad¬ 
joining counties . 146 

Approaches to bridges on or near 

county lines . 146 

Suit on joint contract. 146 

TOWN AND DISTRICT ORGAN¬ 
IZATION AND ADMINISTRA¬ 
TION FOR HIGHWAY PUR¬ 
POSES .147-148 

Town and district organization 

similar . 147 

Counties not under township organ¬ 
ization . 147 

Division into districts . 147 

Counties already divided into dis¬ 
tricts . 147 

Counties not already so divided.... 148 

Corporate name of district. 148 

Corporate capacity of district. 148 

Alteration of boundaries of road 
districts . 148 

HIGHWAY OFFICERS: ELEC¬ 
TION, POWERS, DUTIES AND 

COMPENSATION .148-158 

Town and district road officers. ... 149 
Commissioners, clerk and treasurer. 149 

Who eligible . 149 

Elections—Provisions generally ap¬ 
plicable . 149 

Counties operating under special 
act—Provisions applicable to first 

election . 150 

Notices of first election. 150 

Officers elected . 150 

Canvass of votes—Expense. 151 

Elections—Counties not under 
township organization—Provisions 
relating to the conduct thereof. . 151 
Annual election for district officers 

—Absence of officers. 151 

Notice of any annual or special 

election . 151 

District elections—How conducted. 151 

Who entitled to vote. 151 

Canvass of votes—Certificate, poll 
list and ballots sealed and sent 

to district clerk . 151 

Canvass of returns—Notice of result 

of election to voters. . .. 151 

Drawing lots in case of tie—Notice. 152 
Notice of election to persons elected 
.—Filing list of officers elected in 

office of County Clerk. 152 

Oath required . 152 

Neglect to take oath—Refusal to 

serve . 152 

When term of commissioner or 
clerk expires, successor to de¬ 
mand books, papers, etc. 152 

When office becomes vacant by 
resignation or otherwise—De¬ 
mand, etc. 153 

Delivering upon oath all records, 

books, etc. 153 

Oath, by whom administered. 153 

Vacancies in office—Counties under 

township organization . . .. 153 

Vacancies in office—Counties not 
under township organization.... 153 
Vacancy in office—How filled— 
Powers of persons appointed.... 153 

Certificate of appointment. 153 

Justice of peace may accept resig¬ 
nation of officer—Notice . 153 













































































814 


INDEX. 


ROADS AND BRIDGES—Con¬ 
tinued. 

Page 


Meetings of Highway Commissioners 154 
General powers and duties of High¬ 
way Commissioners. 154 

Report . 155 

Duties of clerk . 156 

Recording orders of commissioners. 156 
Books and stationery for office.... 156 
Copy of papers and transcripts 

from records—Evidence. 156 

Treasurer—Bond of . 156 

Itemized statement of receipts and 

disbursements . 157 

Compensation of commissioners. . . . 157 

Compensation of clerk. 157 

Compensation of treasurer. 157 

Compensation of justice of the 

peace . 158 

Offenses and penalties. 158 

THE RAISING OF REVENUE 
FOR HIGHWAY PURPOSES 
AND THE APPLICATION 

THEREOF .158-161 

Poll tax . 158 

Constable’s duty having execution 

for poll tax . 159 

General tax levy for road and 

bridge purposes . 15 9 

Copy of certificate to be preserved. 159 
Damages for laying out roads, etc. 

—Tax levy for. 160 

Tax rate—Extension and collection 

of taxes. 160 

Road damages—Orders out of tax 

to be levied. 161 

Bonds may be issued by vote of 
special town or district meeting 

to build bridge, etc. 161 

Road and bridge money—How paid. 161 


PROVISIONS SPECIABLY AP¬ 
PLICABLE TO BRIDGES AND 
IMPROVEMENTS CONSTRUCT¬ 
ED OR REPAIRED AT THE 
JOINT EXPENSE OF TWO AD¬ 
JOINING TOWNS OR DIS¬ 


TRICTS .162-164 

Bridges built by two towns or dis¬ 
tricts . 162 

Contracts by commissioners of ad¬ 
joining towns or districts . 162 

Approaches to bridges on or near 
town or district lines. 162 


When commissioners of adjoining 
towns or districts refuse to enter 
into joint contract, bridge may 
be built and bonds issued by 
vote of town meeting or district 


election . 163 

Suit on joint contract.. 164 


THE LETTING OF CONTRACTS.. 

.164-165 

Contracts of single town or district 164 
Contracts for improvements to be 
constructed by two towns or dis¬ 


tricts . 164 

Contractor to furnish bond. 165 

When contracts made payable. 165 

In letting contracts, etc., commis¬ 
sioners must not have any pe¬ 
cuniary interest . 165 

LAYING OUT. ALTERING, VA¬ 
CATING, WIDENING ROADS. 165-176 
Width of roads. 166 


ROADS AND BRIDGES—Con¬ 
tinued. 

Page 


Reducing width of roads. 166 

Altering, widening, vacating and 

laying out roads—Petition. 166 

Hearing of petition—Notice—Pre¬ 
liminary order . 166 

Appeal . 167 

Surveys ordered . 167 

Damages to be determined. 168 

Damages may be agreed upon. 168 

Inducements may be offered. 168 

Summoning jury to assess damages 169 

Summons to owners. 169 

Form of summons. 169 

If owner infant, etc., how served. 169 
Notice to non-resident owners— 

Continuance . 170 

Manner of selecting jury—Chal¬ 
lenge ... 170 

Oath to jury—Trial to be conduct¬ 
ed as in other civil cases. 170 

Trial—Verdict—Judgment damages 

—Benefits . 170 

Appeal . 171 

Costs of appeal—Appeal bond. 171 

Final order of highway commis¬ 
sioners or county superintendent 

of highways . 171 

Appeal from final commissioners’ 

order . 172 

Effect of final order. 172 

Proceedings subsequent to final or¬ 
der . 173 

Records of town or district clerk— 

Evidence . 173 

Effect of same . 173 

Limitations of time to open. 173 

Removal of fences—Notice. 173 

Crops—Removal of . 173 

Private roads. 174 

Roads on town or district and 

county lines, etc. 174 

Commissioners to allot all or part 
of road to each town or district. 175 
Also to divide damages and ex¬ 
penses . 175 

Arbitration . 175 

Roads heretofore laid out on county 

or district or town lines. 175 

State line roads. 175 

Where road proposed across or 

alongside railroad—Notice. 175 

Notices on railroad companies— 

How served . 176 

REPAIR AND MAINTENANCE OF 

ROADS AND BRIDGES.176-177 

How roads to be graded—Walk... 176 
Penalty for driving on crossings... 176 
Sidewalks in unincorporated villages 176 
Road drags—Authority and use... 176 

Obstruction drainage . 177 

Travel regulated . 177 

HARD ROADS .177-185 

Petition for road. 178 

Notice—Election—Vote—Rate per 

cent. 178 

Ballots . 178 

Duty of commissioners—Tax do¬ 
nations . 178 

Levy and collection of tax. 179 

Borrowing money. 179 

Duty of treasurer. 181 

Tax collector—Duty—Commission.. 181 
Surveys, estimates, etc. 181 














































































INDEX. 


815 


ROADS AND BRIDGES—Con¬ 
tinued. 


Page 


ROADS AND BRIDGES—Con¬ 
tinued. 


Page 


Plans—Bids—Notice . 181 

Plans and specifications—What to 

contain. 181 

Commissioners—Opening bids. 182 

Failure to give bond. 182 

May reject bids. 182 

Estimate—Payment of contractor. . 182 

Record—Report—Settlement . 183 

Construction of road—Material.... 183 
Commissioners may take materials. 183 
Compensation of commissioners and 

employes . 183 

Extension of road within city or 

village . 184 

Powers of county board. 184 

Ballots—Election—Tax . 184 

Roads to be free. 184 

Surplus fund . 185 

CERTAIN PROVISIONS APPLI¬ 
CABLE GENERALLY TO HIGH¬ 
WAY OFFICIALS .185-188 

Tile drains—Contract with owners. 185 
Willow hedges—Public nuisance... 185 
Carriages may be kept off high¬ 
ways—When . 185 

Commissioners may enter lands to 

open ditches, etc. 186 

When owner will not consent—Pro¬ 
ceedings—Material for construct¬ 
ing roads . 186 

Eminent domain. 187 

Authority to straighten water 

courses. 187 

Right of owner to make crossing— 

Costs. 187 

To keep down weeds . 188 

Penalty . 188 

Capacity of bridges and culverts. . . 188 
Penalty . 188 


LAW OF THE ROAD—OFFENSES 
AND PENALTIES .188-195 


Certain roads declared public high¬ 
ways .. 

The term carriage. 

Notice against fast driving over 

bridge. 

Destroying or defacing guide boards, 

etc. 

Depositing in road weeds, garbage, 

etc. 

Injuring sidewalks, bridge, etc. 

Turn to the right. 

Drunken driver—Penalty . 

Drunken driver, discharge of. 

Running horses, etc., on public 

roads ... 

Team to be hitched. 

Owner liable for damages—Driver 
of stage, etc., guilty of misde¬ 
meanor . 

Injuring or obstructing roads, etc.. 
Obstructing person in highway 
Itinerant camping on public high¬ 
ways unlawful. 

Penalty for violating this section.. 

Engines on public highways. 

When unlawful to blow whistle. . . . 

Penalty . 

Suits for recovery of fines or pen¬ 
alties under Act—How brought.. 

Application of fines. 

Fines—How disposed of. 

Restriction—Jurisdiction . 


189 

189 

189 

189 

190 
190 
190 
190 

190 

191 
191 


191 

191 

192 

192 

192 

193 
193 
193 

193 

194 
194 
1 94 


SINGLE HIGHWAY COMMISSION¬ 
ER SYSTEM .195-198 

Provisions optional . 195 

Petitions for adoption—Election.... 195 

Notice of election . 195 

Ballots—Conduct of special election 196 

Result of election. 196 

Election of commissioner—Tenure 

of office . 196 

Provisions specially applicable to— 
Counties not under township or¬ 
ganization—Clerk. 196 

Conduct of elections . 196 

Powers, duties and compensation of 

highway commissioner. 197 

Compensation . 197 r 

Withdrawal from provisions of this 

article . 197 

Election of officers upon withdrawal 
from this article. 198 

ACT CONSTRUED — STATUTES 
REPEALED .198-200 

Part invalid . 198 

Certain acts repealed. 198 

CONSTRUCTION OF BRIDGE 

PIERS . 200 

For construction of bridge pier 

booms over Illinois river. 200 

EXEMPTING CERTAIN BRIDGES 

FROM TAXATION . 201 

Penalty for violating rules of own¬ 
er, etc. 201 

MOTOR VEHICLE LAW.202-215 

Term “Motor Vehicle” defined. 202 

Registration by owners of motor 

vehicles and motor bicycles. 202 

Certificate of registration. 203 

Numbers to be displayed upon mo¬ 
tor vehicles and motor bicycles. . 204 

Lamps . 205 

Registration by manufacturers and 

dealers—Registration . 206 

Fictitious number . 207 

Registration in case of sale. 207 

Nonresident not required to register 

under certain conditions. 208 

Brakes, horns, etc. 208 

Speed. 208 

Racing on public highway. 209 

Local ordinances prohibited. 209 

License of chauffeurs—Removals... 210 
Chauffeur’s badge . 212 


Use of motor vehicles and motor 
bicycles without owner’s con¬ 
sent and offer or acceptance of 
bonus on purchase of supplies or 

parts prohibited .. 212 

Meeting animals—Giving name and 

address in case of accident. 212 

No effect or right to damage. 213 

Penalties . 213 

Disposition of registration fees.... 215 
Public highways and local author¬ 
ities defined . 215 

Acts repealed . 215 

TOWNSHIP INSURANCE COM¬ 
PANIES. 


Who may form company. 406 

How formed—declaration—requis¬ 
ites of declaration. 407 




















































































816 


INDEX. 


TOWNSHIP INSURANCE COM¬ 
PANIES—Continued. 

Page 


Charter—certified copy evidence, 

etc. 407 

Form of declaration to form com¬ 
pany . 407 

Form of charter for. 407 

Number of directors. 407 

Directors—how elected—term of 

office . 407 

Subsequent elections, when held... 407 

Corporate powers of. 408 

Who may become members........ 409 

Manner of insuring. 4 09 

Persons insured, votes entitled to. 408 
President, treasurer and secretary, 

how elected . 409 

Secretary and treasurer give bond.. 4 09 

Risks, how classified... 410 

Not insure beyond limits of dis¬ 
trict . 410 

Adjustment of loss—notify presi¬ 
dent .. 410 

When president and secretary may 

adjust loss. 410 

When committee to ascertain loss. 410 
Falure to agree, claimant may ap¬ 
peal . 410 

County court appoint committee of 

reference . 410 

Pay of committee . 410 

Assessment, when and how made.. 411 
When president may borrow money 411 
Notice of assessment to be given.. 411 

Suit brought, neglect to pay. 411 

Suits may be brought for losses. ... 412 
Secretary to prepare annual state¬ 
ment . 412 

Member may withdraw from com¬ 
pany . 412 

Power to cancel policy by giving 

insured notice . 412 

President and secretary to report 

to auditor. 412 

Certificate of auditor—company pay 

for. 412 

At organization to pay auditor $10. 412 
How company may be dissolved.... 412 
Companies formed under Act 1872. 413 
May accept adjoining townships, 

not exceeding 25. 414 

Manner of receiving contiguous 

town .•. 414 

Obligations not thereby impaired.. 414 

Township received . 415 

Consolidation—not to exceed 25 po¬ 
litical townships. 415 

How consolidation may be made.. 415 
How consolidation effected. 415 

TOWNSHIP ORGANIZATION. 

HOW TOWNSHIP ORGANIZA¬ 
TION ADOPTED . 33 

At general election. 33 

Petition . 34 

Returns . 34 

Form of petition to county board 

for township organization. 34 

When township government com¬ 
mences—Majority vote defined. . 35 

Commissioners appointed. 35 

Division of county into towns. 36 

Naming of towns. 36 

Report of commissioners. 36 

Form of report of proceedings of 
commissioners appointed to di¬ 
vide county into towns. 36 


TOWNSHIP ORGANIZATION 
—Continued. 

Page 


Abstract of report sent to auditors 

—Record . 37 

Where names are alike. 37 

Auditor’s record of names, etc.... 37 

First town election. 37 

Notice of first town election. 37 

Justices and constables. 38 

Form of notice by county clerk for 

first town election. 38 

Refusal to organize—Second elec¬ 
tion . 38 

Continued refusal. 38 

Failure to qualify . 39 

When part of county not organized 39 

HOW DISCONTINUED. 40 

Petition—Election . 40 

Result of election. 41 

Election of county commissioners. . 41 

When commissioners assume du¬ 
ties, etc. 41 

Disposition of town records, busi¬ 
ness, property, etc. 41 

OF THE ALTERATION OF 
BOUNDARIES, AND DIVISION 
OF TOWNS AND TOWN PROP¬ 
ERTY . 42 

Powers of the county board. 42 

Election in new town or towns... 43 
Form of petition for alteration of 
boundaries, change of town lines, 

or enlarging a town. 43 

Form of petition for dividing a 

town . 4 3 

Terms of officers . 44 

Taxes . 44 

Disposition of real estate on divi¬ 
sion of towns . 45 


Form of agreement by supervisors 
and assessors, in case of division 
of town, concerning disposition 
and apportionment of real es¬ 
tate . 45 

Disposition of real estate on annex¬ 
ation of towns . 46 

Form of deed of conveyance by su¬ 
pervisors and assessors conveying 
real estate where town is di¬ 
vided . 46 

Disposition of personal property... 47 
Form of proceedings of supervisors 
and assessors in apportioning 
property in case of division of 

towns . 47 

Meeting of supervisors and assess¬ 
ors . 48 

Burial grounds . 48 

Apportionment of debts. 48 

Disputes submitted to county court 48 
Form of notice by supervisor to 
other officers to meet and appor¬ 
tion property in case of division 

or alteration of town. 48 

Proceedings to unite towns.49-52 

Form to submit question of divi¬ 
sion of property by county court 

in case of disagreement. 49 

Form of petition to county board. 50 

CONSOLIDATION OF TOWN¬ 
SHIPS IN CERTAIN CITIES.... 52 

Consolidation, of territory into one 

township . 52 

Election—Canvass of votes. 52 














































































INDEX. 


817 


TOWNSHIP ORGANIZATION 
—Continued. 

Pago 

If the majority of votes are in fa¬ 
vor of consolidation. 53 

Election of township officers. 53 

Consolidation into one organized 

township . 53 

Appointment of one justice from 
each congressional township as 

one of the Town Auditors. 53 

Where justices to hold their offices. 53 
Repeal . 53 


CORPORATE POWERS OF 
TOWNS AND THE EXERCISE 
THEREOF—WHAT MAY BE 
DONE AT TOWN MEETINGS— 
BY-LAWS. RULES AND REG¬ 
ULATIONS . 54 

Corporate name . 54 

Corporate powers . 55 

Powers of town meeting. 58 

Form of clerks’ certificate of 

township tax levy. 59 

Form of joint order of commis¬ 
sioners of highways. 60 

Form of by-laws concerning cattle 
and other animals running at 

large . 64 

Form of notice by justice to owner 

of animals impounded. 65 

Form of docket entry, on hearing 
complaint against owner of im¬ 
pounded animals . 66 

Form of poundmaster’s notice of 

sale . 66 

Exception as to cities and villages 67 
Notice of by-laws, etc., taking ef¬ 
fect . 68 

Effect of certain conveyances. 68 

How conveyances made. 6S 

LEGAL PROCEEDINGS IN FA¬ 
VOR OF AND AGAINST A 
TOWN . 69 

How conducted—Service . 69 

Form of deed of conveyance by 

town . 69 

In what name suits brought. 70 

Who competent as witnesses and 

jurors. JO 

Jurisdiction of justices. 70 

Partition of town lands. 71 

Costs—Judgment against town.... 71 

TOWN MEETING—JUDGES OF 

ELECTION. 71 

Time of holding meeting. 71 

Notice . 72 

Election precinct . 72 

Form of notice of annual town¬ 
ship meeting and election. 72 

Annual township meeting and elec¬ 
tion . 72 

Place of meeting... 7 3 

Change of place of meeting. 73 

Ex-officio judges of elections. 74 

SPECIAL TOWN MEETINGS. 74 


When called... 

Form of request by twenty-five 
electors for change of place of 

town meetings . : • 

Form of statement to be filed in 
the office of town clerk for spe¬ 
cial town meeting. 

Notice. 


TOWNSHIP ORGANIZATION 
—Continued. 

Page 


Form of notice—Restriction. 75 

Form of notice for holding spe¬ 
cial town meetings. 75 

Form of resolution postponing sub¬ 
ject for special town meeting.... 75 

Powers of special meeting. 76 

TOWN OFFICERS ELECTED BY 
BALLOT—MODE OF CON¬ 
DUCTING ELECTIONS FOR 
TOWN OFFICERS . 77 

Election of officers . 77 

TOWN OFFICERS—BIENNIAL 
ELECTION. 78 

Term of office of clerk, assessor 

and collector . 78 

Repeal . 78 

Trustees of schools. 78 

Organizing town meeting—Moder¬ 
ator . 79 

Powers of moderator. 79 

Oath of moderator. 79 

Form of oath of moderator of town 

meeting . 79 

Clerk—Minutes . SO 

Clerk pro tern . 80 

Ballot boxes—Polling places. 80 

Canvass of votes . 81 

General election laws to apply.... 82 

Recess . 82 

Result of elections. 82 

Tie vote . S3 

Persons elected notified. 8 3 

Form of canvass of votes by pre¬ 
cinct inspectors. S3 

Form of statement of result of 
canvass by township returning 

board . 83 

List of town officers filed with 

county clerk. 84 

Form of notice by town clerk of 
drawing lots in case of a tie vote 
between candidates. 84 

THE MODE OF CONDUCTING 
TOWN MEETINGS FOR THE 
TRANSACTION OF MISCEL¬ 
LANEOUS BUSINESS . 85 

Hour of meeting, etc. 85 

Form of notice by township clerk 
to a person elected to a town¬ 
ship office. 85 

Clerk of meeting—Record. 86 

Form of record of proceedings of 

annual township matings. 87 

Clerk pro tern. 88 

Duties of moderator. 88 

Motions—How decided. 88 

Division of voters. 88 

Miscellaneous business closed—Re¬ 
considering motions . 89 

Disorderly conduct . 89 

Qualification of voters . 90 

Proceeding with election. 90 

QUALIFICATION AND TENURE 
OF OFFICE.. 90 

Eligible to office. 90 

Qualifying. 91 

Neglect to qualify. 91 

Form of oath to be taken and sub¬ 
scribed by town officer. 91 


Poundmaster—Notice of acceptance 
Collector—Bond . 





















































































818 


INDEX. 


TOWNSHIP ORGANIZATION 
—Continued. 

Page 

Form of supervisor’s certificate of 


election . 92 

Form of notice of acceptance of 
overseer of highways or pound- 

master . 92 

Failure of collector to give bond.. 93 
Supervisor, etc., refusing to serve. 93 
Entering upon office before taking 

oath . 93 

Term of office. 94 

Successor to demand books, etc. ... 94 

Demand in case of vacancy. 94 

Outgoing officer to deliver over.... 94 

Demand of executor, etc. 94 

Form of oath to be administered 
to town officer on going out of 
office . 94 

VACANCIES IN TOWN OFFICES 
AND THE MANNER OF FILL¬ 
ING THEM . 95 

Board of appointment. 95 

Form of warrant of appointment 
by justices of the peace, super¬ 
visor and town clerk, to fill va¬ 
cancy . 95 

Vacancy in board of appointment. . 96 

Form of order of special election 
for justice of the peace or con¬ 
stable . 96 

Notice of appointment. 97 

Resignations . 97 

Form of notice for special election 
of justice of the peace or con¬ 
stable . 97 

Form of notice to one appointed to 
fill vacancy . 97 

THE SUPERVISOR AND HIS DU¬ 
TIES . 9S 

Bond . 98 

Form of resignation of town offi¬ 
cer . 98 

Form of supervisor’s bond. 99 

Form of clerk’s approval to be in¬ 
dorsed on supervisor’s bond. 99 

Supervisor to receive and pay out 
money—Report—Clerk to record 
same and post notices of town 

meetings . 100 

Form of certificate of acknowledg¬ 
ment of official bond. 100 

Form of supervisor’s statement of 

financial affairs of the town. 101 

Supervisor to prosecute for penal¬ 
ties . 102 

Supervisor’s account . 103 

His annual settlement. 103 

Certificate of his account. 10 3 

Supervisor to attend county board. 103 
To lay accounts before town audit¬ 
ors :. 103 

Penalty . 103 

Form of keeping supervisor’s book. 103 
Form of certificate of justices of 
the peace and town clerk, to be 
entered in supervisor’s book upon 
examination of his accounts.... 103 

Assistant supervisors . 104 

Supervisors in Cook county. 104 

Election and classification of su¬ 
pervisors . 104 

When new town created. 105 

THE TOWN CLERK AND HIS 
DUTIES . 105 


TOWNSHIP ORGANIZATION 
—Continued. 

Page 


Records, etc.—Oaths . 105 

Form of entry of filing paper by 

town clerk . 105 

Records of town meetings. 106 

Certificates of votes to raise money 106 

Certificates of tax required. 106 

Failure to return . 106 

Copies—Evidence . 106 

Form of certificate of town clerk 
to accompany book of entry of 
votes for raising money, recorded 

in town book . 106 

Form of certificate of town clerk 
to copies of papers and records. . 106 

THE BOARD OF TOWN AUDIT¬ 
ORS . 107 

Who constitute . 107 

Absences supplied . 107 

Semi-annual meeting . 107 

Auditing accounts . 108 

Accounts filed with town clerk, 

etc. 108 

Accounts verified . 108 

Form of bill against town and af¬ 
fidavit of correctness. 108 

Certificate of audit—Tax. 109 

Town charges . 109 

Form of certificate of auditors al¬ 
lowing claims against a town, 
with nature of demand, and to 
whom the amount is allowed.... 109 

How taxes raised. 110 

Duty of township clerk—Record... 110 
Form of clerk’s certificate to count- 
ty clerk of aggregate amount of 

accounts audited . 110 

Form of township clerk’s certifi¬ 
cate of claim audited. 110 

TOWN AND COUNTY BOARDS OF 

HEALTH . HI 

How constituted . Ill 

Powers of board. 112 

Township organization — Penalty, 
fines—State’s attorneys to prose¬ 
cute . 112 

Clerk’s records and reports. 112 

Compensation . 112 

Repeal . 112 

COMPENSATION OF TOWN OF¬ 
FICERS . 113 

Fees .113-114 

Emergency . 114 

REFUNDING SURPLUS FUNDS.. 115 

Surplus of bond funds to be re¬ 
funded to township. 115 

When such funds paid, how may 

be appropriated by town. 115 

On vote, such surplus funds may 
be turned over to commissioners 

of highways . 115 

Emergency . 116 

CITIES ORGANIZED AS TOWNS. 116 
Territory of city organized as town 116 

Town in city. 117 

Election of officers. 117 

Powers to be exercised by council. 117 
What the city council may provide. 117 
May regulate the number of jus¬ 
tices . 117 

Vacancies . 117 











































































INDEX. 


819 


TOWNSHIP ORGANIZATION 
—Continued. 

Page 


PURCHASE OR LEASE OF TOWN 

HALLS . 118 

When town hall to he built—No¬ 
tice . 118 

TOWN HALLS IN TOWNS CO¬ 
EXTENSIVE WITH CITIES_ 11S 

» Petition—Form of Proposition— 
Election—Amount and denomina¬ 
tion of bonds. 118 

Sale of bonds—Levy and collection 

of annual tax. 119 

Purchase of real estate. 120 

CANADA THISTLES . 120 

Commissioner of Canada thistles.. 120 

Duties of commissioner. 121 

Treatment of thistles on enclosed 
lands—Appeal, etc. 121 


Form of appeal from decision of 
commissioner of Canada thistles 122 


TOWNSHIP ORGANIZATION 
—Continued. 

Page 


Further treatment . 123 

Prosecutions . 123 

Report of commissioner. 123 

Form of report of the commission¬ 
er of Canada thistles. 123 

Accounts audited. 124 

Appropriations—Control by county 

board . 124 

Form of decision of commissioners 
of highways in case of appeal.. 124 
Form of decision of commissioner 

of Canada thistles. 124 

County board appoint commission¬ 
er—Penalty. 125 

Emergency . 125 

PUBLICATION OF ANNUAL 
STATEMENTS . 125 

Officers to publish annual state¬ 
ments .-. 125 

Penalty . 126 












































































































































































































































































































































































































































































































